BWC Rule Amendments

BWC Rule Amendments

Posted: February, 2009 BWC Rule Amendments

The BWC amended a number of rules, effective February 19, 2009. The amended rules, and some of the changes which may be important, are:

  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 O.A.C. 4123-3-05 — Applications for the payment of compensation or medical benefits — rescinded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 O.A.C. 4123-3-12 — Suspension of the processing of claims — rescinded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 O.A.C. 4123-3-21 — Change of address — rescinded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
Information courtesy of the Ohio Workers’ Compensation Bulletin. Subscribe to the Ohio Workers’ Compensation Bulletin to keep informed about the Ohio workers’ compensation system.