News and Analysis
2012 Ohio Safety Congress & Expo Coming March 27-29
March 02, 2012The Ohio Safety Congress & Expo is the largest and longest-running occupational safety, health and workers’ compensation event in the Midwest. The event is free and offers high quality keynote speakers, extensive educational sessions, and the Expo Marketplace features occupational safety products, services and innovations. This year’s event is March 27 to 29 at the Greater Columbus Convention Center.
BWC Administrator Buehrer Testifies on Progress and Goals
March 02, 2012Administrator Steve Buehrer of the Ohio Bureau of Workers’ Compensation (BWC) updated a House committee this week on new programs developed by the BWC over the past year. Among those described by the administrator were the Grow Ohio program (for new businesses), an expanded safety council discount program (for companies that join local safety councils), and a wellness grant program (providing up to $15,000 for company wellness programs). He also noted expanded anti-fraud activity, a focus on prescription drug abuse and cuts in administrative costs.
Administrator Buehrer said: “While these are significant steps in the right direction, further reform is needed to address some troubling trends. Despite Ohio trends that show the number of workers' compensation claims falling and with it the overall medical spend, claim costs are rising precipitously, with the average medical and indemnity cost per claim rising at a much faster rate than other states across the country.”
The administrator told the committee that “my immediate goal is to focus on return to work and achieving the best possible outcomes for our injured workers. In these efforts we are currently focusing on areas to improve outcomes such as triaging claims, medical management, vocational rehabilitation and settlements".
OSHA Hazard Communication Standard Changes Probable
March 02, 2012The White House Office of Budget Management has reportedly completed its review of OSHA's final rule to align its hazard communication standard with the United Nation’s Globally Harmonized System (GHS).
If enacted, the rule would change the criteria by which companies classify hazards, compile safety data sheets, and train their workers on hazardous chemicals.
OSHA is expected to publish its final rule in the Federal Register. If and when enacted, OMA will have learning opportunities for members on the new rule. 3/01/2012
Offer Light Duty Work to Defend Temporary Total Claims
February 28, 2012According to an analysis of the Ohio Supreme Court case, State ex rel. Akron Paint & Varnish, Inc. v. Gullotta, OMA Connections Partner, Roetzel & Andress indicates that offering light duty work can be both a cost reducer in a claim and an effective defense to the payment of temporary total compensation.
If a claimant refuses to accept work that is within the physical capabilities provided by the claimant's attending physician, temporary total compensation is not payable. This legal principle was reinforced in this case.
OMA members using OMA Workers’ Compensation Services can learn more about how to effectively make an offer of light duty, which needs to be detailed in writing, and consistent with the medical restrictions of the attending physician, by contacting their account manager, Georgia Booth, Jay Kemo or Barb Raduege.
Offer Light Duty Work to Defend Temporary Total Claims
February 24, 2012According to an analysis of the Ohio Supreme Court case, State ex rel. Akron Paint & Varnish, Inc. v. Gullotta, OMA Connections Partner, Roetzel & Andress indicates that offering light duty work can be both a cost reducer in a claim and an effective defense to the payment of temporary total compensation.
If a claimant refuses to accept work that is within the physical capabilities provided by the claimant's attending physician, temporary total compensation is not payable. This legal principle was reinforced in this case.
OMA members using OMA Workers’ Compensation Services can learn more about how to effectively make an offer of light duty, which needs to be detailed in writing, and consistent with the medical restrictions of the attending physician, by contacting their account manager, Georgia Booth, Jay Kemo or Barb Raduege.
BWC Officials Visit Manufacturers
February 24, 2012BWC Chief of Employer Services Kevin Abrams and BWC General Counsel Jason Rafeld visited the OMA Safety and Workers’ Compensation Committee this week. Abrams discussed return-to-work cost trends and highlighted new employer discount programs.
Rafeld described new more aggressive claim settlement procedures that went into effect in January.
Join the OMA workers' compensation management community; here are the meeting materials.
BWC Accepts Wellness Grant Applications
February 17, 2012The Ohio Bureau of Workers' Compensation (BWC) is accepting applications for its new Workplace Wellness Grant Program, created to help employers improve the overall health of their workforces, which the BWC asserts will reduce workplace injuries and illnesses.
Participating employers receive up to $15,000 over four years to implement wellness programs that address, among other risk factors, obesity and chronic disease. The BWC intends to measure the effectiveness of the program in reducing claims frequency and costs, improving return-to-work rates and reducing employer health care costs.
OMA Connections Partner, Roetzel & Andress, provides this guidance to employers who might consider participating.
Applications for the BWC wellness grant program are available at www.ohiobwc.com. Employers are encouraged to call 1-800-OHIOBWC to verify eligibility before submitting an application.
OMA Group Rating Deadline; BWC Program Compatibility Changes
February 17, 2012Employers who plan to enroll in the OMA workers’ compensation group rating program are reminded that today is the deadline to enroll, and anyone not yet enrolled should contact us so we know to hold your spot.
Employers planning to participate in the OMA group retrospective rating program have until April to enroll. Please contact Denny Davis with your questions.
According to program compatibility changes enacted by the Bureau of Workers’ Compensation (BWC), beginning July 1, 2012, employers can no longer participate in any form of deductible program if they also participate in group experience rating.
BWC program compatibility can be confusing; contact your OMA account manager, Georgia Booth, Jay Kemo or Barb Raduege with your questions.
Recent Ohio Appellate Decision Allows Employer’s Post Claim Certification Dispute
February 03, 2012OMA Connections Partner, Roetzel & Andress, reports a mechanism exists for Ohio self-insured employers to dispute a claim post-certification where certain grounds exist. A Roetzel blog post does a good job of describing the implications to employers of the recent Ohio appellate decision, Lane v. Bur. of Workers’ Comp, which establishes the grounds for “continuing jurisdiction.”
BWC Introduces Pharmacy Provisions Intended to Limit Abuse
February 03, 2012The Bureau of Workers’ Compensation (BWC) announced the introduction of a program that allows it, under certain circumstances, to restrict an injured worker to the use of a single pharmacy for non-emergent prescriptions. The injured worker selects the pharmacy from a list of eligible pharmacies. BWC can also restrict an injured worker convicted of a drug offense to the use of a single prescribing physician, selected by the injured worker from BWC certified physicians, in order to receive reimbursement for non-emergent prescriptions.
The BWC has established a Pharmacy and Therapeutics Committee comprised of practicing pharmacists and physicians to advise BWC leadership on issues related to the use of medications prescribed to treat injured workers.
Long observed by OMA’s team of workers’ compensation account managers as a cost issue for employers, the committee is reported to be conducting "relatedness editing" to ensure injured workers are receiving medications relevant to their conditions.
New OSHA Videos Provide Training on Proper Use of Respirators
February 03, 2012The Occupational Safety and Health Administration (OSHA) has posted a series of 17 videos, in English and Spanish, to help workers learn about the proper use of respirators on the job.
Topics include OSHA's respiratory standard, respirator use, training, fit-testing and detecting counterfeit respirators, and are available with closed captioning for streaming or download.
Class Action Suit Proceeds Against Ohio BWC for Alleged Overcharging of Nongroup-rated Employers
February 03, 2012Employment Services Alert - January 2012: A class action lawsuit currently pending in the Cuyahoga County Court of Common Pleas alleges that the Ohio Bureau of Workers' Compensation (BWC) charged excessive workers' compensation premium rates to employers who were not able to participate in Ohio's group rating program. See San Allen, Inc., et al. vs. Stephen Buehrer, Administrator of the Ohio BWC, Case No. CV-07-644950. From OMA Connections Partner, Roetzel & Andress.
BWC Publishes Report on Program Participation Trends
January 27, 2012The Bureau of Workers’ Compensation (BWC) shared this report of its program participation trends during its monthly board of directors meeting this week. The report shows employer participation trends in the BWC’s group rating, group retrospective rating, deductible, experience modifier (EM) capped, one claim and paid loss retrospective rating programs over the policy years 2009 through 2011.
Some observations: $1,000 is the most popular deductible level selected by employers participating in the program; group retrospective rating is gaining in employer participation since its introduction in 2009 and the initial participants shared in premium rebates; significantly fewer employers are leaving one group rating sponsor for another as 27,000 switched sponsors in policy year 2010 as compared to 10,000 in policy year 2011.
As a workers' compensation third-party administrator, the OMA manages all of these programs on behalf of its members, focusing exclusively on manufacturers’ requirements. If you have questions about which BWC programs are right for your company, contact Georgia Booth, Dennis Davis, Jay Kemo or Barb Raduege. OMA has created analyses for most BWC programs that can be run specifically for your company to show you how to maximize savings and minimize risk.
BWC Says Employers Who Paid Premium Electronically Won’t Get Paper Payroll Report
January 20, 2012If you’ve paid premium electronically one or more times in the past couple years, the Bureau of Workers’ Compensation indicates that it intends to send you a post card reminder but not a hard copy payroll report.
Whether or not you receive a post card reminder, premiums for the second half of 2011 are due February 29, 2012.
The BWC encourages all employers to file their payroll reports electronically to save resources. Questions can be directed to (800) OHIOBWC.
