Wage Loss Rule Summary

The Bureau of Workers' Compensation and the Industrial Commission adopted a wage loss rule, O.A.C. 4125-1-01, which was effective May 15, 1997.

A brief summary of this rule follows. You can also go to the text of the rule and scroll through it, or an index to this rule which is also available.

Summary of Wage Loss Rule

Wage loss compensation will not be paid until the injured worker complies with the requirements of the wage loss rule. O.A.C. 4125-1-01(D)(1)(a). The wage loss rule requires injured workers seeking wage loss compensation to do the following:

• File an Application for Wage Loss (Form C-140) with a doctor's report, a Wage Loss Statement for Job Search (Form C-141) and an employment history. [O.A.C. 4125-1-01(C)(2), (C)(4), and (C)(5).]

• The employment history must contain a "reasonably detailed" description of each job the injured worker has had as a principle source of income. [O.A.C. 4125-1-01(C)(4).]

• Medical Reports
  • O.A.C. 4125-1-01(C)(2) requires that the medical report:
    
    
    1. list all restrictions;
       
       
    2. indicate whether the restrictions are temporary or permanent (if the restrictions are temporary, the report must estimate the period of time the restriction will apply);
       
       
    3. indicate the date of the last medical examination; and
       
       
    4. name the doctor and include the doctor's signature.
       
       
  • If the doctor indicates that the restrictions are temporary, a medical report must be filed every ninety days. If the doctor indicates that the restrictions are permanent, a medical report must be filed every one hundred eighty days. [O.A.C. 4125-1-01(C)(3).]
    
    
  • An injured worker who is released to return to his/her former position of employment without restrictions is not entitled to wage loss compensation. [O.A.C. 4125-1- 01(D)(4).]
    
    
• Job Search
  • Wage loss statements must include the address and phone number of the employers contacted, the position sought, the person contacted, the method of contact, and the result. [O.A.C. 4125-1-01(C)(5).]
    
    
  • The injured worker must first seek suitable employment with the employer where the injury occurred. If there is any interruption in wage loss for three months or more, the injured worker must again first seek employment with the employer where the injury occurred. [O.A.C. 4125-1-01(D)(1)(a)(ii).]
    
    
  • The injured worker must register with the Ohio Bureau of Employment Services. (Note: The agency is now called the Ohio Department of Job and Family Services) [O.A.C. 4125-1-01(D)(1)(a)(iii).]
    
    
  • The injured worker must then conduct a job search. The job search for sixty days may be for jobs within the injured worker's skills, prior employment history and educational background. If the injured worker is unable to find a job within sixty days, the search is to be expanded to include entry level and/or unskilled jobs. [O.A.C. 4125-1-01(D)(1)(b).]
    
    
  • The wage loss rule lists a number of factors to be considered in evaluating whether injured worker has made a good faith effort to find employment. These factors are listed in O.A.C. 4125-1-01(D)(1)(c).
    
    
• Self-insurers must make the first decision no later than thirty days and file a copy of their decision with the Bureau of Workers' Compensation or Industrial Commission for the claim file. [O.A.C. 4125-1-01(G).]

  Obviously, the Self-Insurer's decision is not the final word, and a Self-Insured's denial of wage loss can be appealed.
  
  

• Amount of Compensation
  • For injuries on or after May 15, 1997, the wage calculation is based on the injured worker's average weekly wage. If the date of injury is before May 15, 1997, wage loss is determined based on the greater of the full or average weekly wage. [O.A.C. 4125-1- 01(H)(3).]
    
    
  • Wage loss is not reduced by unemployment compensation, Social Security Disability or public or private retirement plans. [O.A.C. 4125-1-01(F)(4).]
    
    
  • Wage loss is reduced by amounts from a "wage replacement program" fully funded by the Employer. [O.A.C. 4125-1-01(F)(2).]