Ohio Supreme Court Rules that BWC Must be Notified of Potential Third-party Settlements

Here’s a recent post from OMA Connections Partner, Bricker & Eckler: “The Ohio Supreme Court recently ruled that the Ohio Bureau of Workers’ Compensation (BWC) must be notified of potential third-party settlements that would compensate an injured worker for an injury, even when an application for workers’ compensation benefits has been denied and is under appeal. …

“Three things were made clear by the Court:

1. A claimant, for subrogation purposes, is any party who is eligible for compensation, medical benefits, or death benefits from the BWC; and,
2. A claimant is “eligible” for BWC benefits unless and until a final determination has been made indicating a claimant is not eligible for such; and,
3. Employers can be penalized if the BWC and/or Ohio Attorney General’s Office (AGO) are not notified of third-party payments made to a claimant in their employ.

“This case is a good reminder to employers that if you have an employee who has been involved in a motor-vehicle accident, or other claim where there is a potential right to subrogation, you need to notify the BWC and AGO of their rights as a subrogee. Otherwise, you could be required to pay the BWC and AGO back for the money spent on the claim.” 4/25/2018