Safety and Workers' Compensation Management

Court Confirms: Staffing Agency’s Workers’ Comp Policy Shields Customer from Common Law Negligence Claims, Too

From OMA Connections Partner, Frantz Ward, this summary of a recent decision from Ohio’s Eighth District Court of Appeals: “An Ohio court of appeals last week confirmed that a primary benefit of using staffing companies – the staffing company’s payment of workers’ compensation premiums covering the loaned employees – shields both the staffing company and its customer from workplace negligence claims.”

Read more about this case here. 5/3/2018

Report Lays Out Plan to Eliminate Roadway Deaths by 2050

Motor vehicle crashes are the single largest cause of work-related fatalities. The National Safety Council’s Road to Zero Coalition has released a report outlining a plan to eliminate vehicle-related roadway fatalities over the next three decades.

The Road to Zero: A Vision for Achieving Zero Roadway Deaths by 2050, describes how the automotive industry, government agencies, and safety and health advocates can join forces to prevent vehicle collisions. 5/1/2018

$1.5 Billion BWC Premium Rebate Proposed

On Tuesday of this week Gov. John R. Kasich and Ohio Bureau of Workers’ Compensation (BWC) Administrator/CEO Sarah Morrison proposed giving Ohio employers $1.5 billion in premium rebates this summer.

The rebate was proposed to BWC’s board of directors on Wednesday and the board will take up a vote at its May 24 meeting. If approved, rebate checks would likely be mailed in July and August.

The proposed rebate equals 85% of the premiums paid for the policy year that ended June 30, 2017 (calendar year 2016 for public employers).

With this rebate, BWC will have saved employers $8 billion in workers’ compensation costs since 2011 after considering other rebates, credits, greater efficiencies and several rate reductions, including two this year.

OMA president Eric Burkland commented, “The ongoing prudent management of the BWC is resulting in significant savings for Ohio’s employers. The BWC leadership team and board have correctly placed their focus on safety and incident prevention as well as expeditious and effective medical treatment. Its funds management practices are to be commended as well. All of these activities result in a competitive advantage for Ohio’s employers. This is good economic news for our state.”

More details on the rebate can be found here. An overview of the $8 billion in workers’ comp savings since 2011 can be found here. 4/24/2018

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

New! BWC 2018-19 Safety Services Catalog

The extensive and free safety courses, services and programs of the Bureau of Workers’ Compensation Division of Safety & Hygiene are captured in the new 2018-19 Safety Services Catalog. Check it out! 4/26/2018

Considering New Safety Equipment?

The Bureau of Workers’ Compensation (BWC) Safety Intervention Grant program offers employers a 3-to-1 matching grant, up to $40,000, to purchase equipment that will reduce or eliminate injuries and illnesses. That’s $3 for every $1 you contribute.

To learn more or schedule an appointment to discuss your idea, call 1-800-644-6292 or visit this BWC web page. Hurry! Funds are limited! 4/25/2018

PTSD Hearings Continue in Senate

This week the Ohio Senate Insurance and Financial Institutions Committee had its second hearing on Senate Bill 118. The bill, sponsored by Senators Frank LaRose (R-Copley) and Edna Brown (D-Toledo), would allow peace officers, firefighters, and emergency medical workers diagnosed with post-traumatic stress disorder (PTSD) without an accompanying physical injury eligible to receive workers’ compensation benefits.

Ohio law currently requires that an individual is only eligible for PTSD benefits if the diagnosis arises from an accompanying physical injury. The OMA and other business groups have long opposed the expansion of workers’ compensation benefits to non-physical injury.

Over the past several years the OMA has offered the General Assembly a variety of solutions to ensure that Ohio’s first responders receive the necessary care without expanding the Ohio’s workers’ compensation laws. 4/19/2018

State Fund Employers on Bi-Monthly Payment Schedule: Premium Due May 1

Employers that are on the BWC’s bi-monthly premium payment schedule have a premium installment due May 1, 2018.

The quickest and easiest way to make a payment is online with a BWC e-account.

To create an e-account, click here and then the e-account link in the top right, just under the orange navigation bar. You will be able to make payments and view important information about your policy, including installment schedule and claims activity.

If you have any questions, please contact OMA’s Brian Jackson. Brian says it’s possible that employers might receive a duplicate invoice for the May 1 payment with a due date beyond May 1; however, the premium is still due May 1 to avoid a lapse. 4/19/2018

Sarah Morrison Nominated for Federal Judgeship

OMA Connections Partner Bricker & Eckler posted: “On April 10, 2018, in his 12th wave of judicial nominees, President Trump nominated Ohio’s Administrator and Chief Executive Officer of the Bureau of Workers’ Compensation (BWC) Sarah Daggett Morrison.

“Appointed by Governor Kasich, Administrator Morrison oversees the $25 billion and an agency staff of 1,800. Prior to her appointment, she served for four years as the general counsel and chief ethics officer of the BWC. Before entering state service, Morrison was a partner in the Columbus office of Taft Stettinius & Hollister LLP, where she practiced complex civil and commercial litigation.

“If confirmed, Administrator Morrison will serve as a district judge on the U.S. District Court for the Southern District of Ohio.”

Congratulations, Sarah! 4/11/2018

Guidance on Costly VSSRs

OMA Connections Partner, Bricker & Eckler, posted an important caution to employers about Violations of Specific Safety Requirements: “Unfortunately, most employers don’t know a lot about a Violation of Specific Safety Requirement (VSSR) until one is filed against them by an injured employee.

“And most employers think that because they are OSHA compliant, they are covered – not true. The specific safety requirements of the Bureau of Workers’ Compensation (BWC) are set forth in the Ohio Administrative Code and, are many times, stricter than OSHA.

“So, what is a VSSR anyway? In addition to “regular” workers’ compensation benefits, an injured employee may be eligible for a VSSR award if the injury, illness or death was caused by the employer’s failure to comply with specific safety requirements.”

Read on. 4/3/2018