BWC Rule Amendments

1. O.A.C. 4123-3-05 -- Applications for the payment of compensation or medical benefits -- rescinded
2. O.A.C. 4123-3-08 -- Preparation and filing of applications for compensation and/or benefits -- amended
3. O.A.C. 4123-3-09 -- Procedures in the processing of applications for benefits -- amended
   • Removes the requirement that the BWC refer claims which are eligible for amputation awards to the Industrial Commission for approval. 
   • Removes the requirement that orders approved for payment be forwarded to the proper department for payment by the next working day following approval.
   • Provides that disputed claims involving self-insured employers are to be referred to the Industrial Commission for hearing; removes requirement that BWC examine payments made in self-insured claims to ensure they comply with the law and notify the self-insurer of what payments must be made if they don't comply.
   • Removes provisions providing for the BWC to issue tentative orders when the employer requests a medical exam.
4. O.A.C. 4123-3-12 -- Suspension of the processing of claims -- rescinded
5. O.A.C. 4123-3-15 -- Claim procedures subsequent to allowance -- amended
   • Eliminates provision extending 60 day waiting period before processing permanent partial increase to 90 days if the employer has requested a medical exam.
   • Eliminates 60 day waiting period before processing permanent partial increase if employer is out of business.
6. O.A.C. 4123-3-16 -- Motions -- amended
   • Changes provisions relating to motions for allowance of psychiatric disability.  Instead of requiring the BWC to send a questionnaire seeking an affidavit upon receipt of the motion, contains language which the motion is required to contain.  Also requires a motion for allowance of psychiatric disability to be accompanied by specified supporting medical evidence.
7. O.A.C. 4123-3-17 -- Briefs -- amended
8. O.A.C. 4123-3-18 -- Appellate procedure -- amended
9. O.A.C. 4123-3-21 -- Change of address -- rescinded
10. O.A.C. 4123-3-22 -- Inspection of claim files -- amended
11. O.A.C. 4123-3-24 -- Fee controversies -- amended
12. O.A.C. 4123-3-25 -- Application for change of occupation allowance -- replaced
    • Replaces previous rule with more detailed explanation of eligibility and procedures for change of occupation awards to employees with specified occupational diseases.
    • Requires employee to establish that they changed employment to substantially decrease exposure.
    • Requires evidence of "reasonable attempts to secure employment" for change of occupation award beyond thirty weeks.
13. O.A.C. 4123-3-29 Informing the claimant of the right to representation -- amended
14. O.A.C. 4123-3-30 -- Procedures to inform claimant on request as to the status of his claim and of any action necessary to maintain the claim -- amended
15. O.A.C. 4123-3-31 -- Disabled workers' relief fund: claimant's payments -- amended
16. O.A.C. 4123-3-32 -- Temporary total examinations -- amended
17. O.A.C. 4123-3-36 -- Immediate allowance and payment of medical bills in claims -- amended
    • Extends program identifying specified medical conditions for immediate allowance and payment