Hunter Consulting News

July 2012

In This Issue

Monthly Safety Article

Welcome Hunter's Newest Team Member

UPDATE on BWC's MEDCO-14, C-84 Forms

Supreme Court Tightens Hold on Temporary Total Disability

Mandatory 2 Hour Safety Training

Dates to Remember

July 31 - Deadline to enroll in 2013 Area Safety Council

August 16 - Last chance for PUBLIC employers to request a quote for the 2013 Group Experience Rating Program

August 24 - Last Day for PUBLIC employers to enroll in the SWOEPC Group Experience Rating Program 

Featured Article

Monthly Safety Article

Safety Tips for Summer Barbecues and Parties 

Visit Our Sponsors

PLEASE WELCOME THE

NEWEST MEMBER OF THE HUNTER TEAM

Joe Lewis is the new Director of Business Development for

Hunter Consulting Company.  Joe will be working with our marketing department along with our sponsoring associations to expand Hunter's service area.

If you know anyone that may be interested in learning more about the many services that Hunter Consulting Company offers, please refer them to Joe Lewis at jlewis@hunterconsulting.com or (513) 372-8720.

BWC Streamlines MEDCO-14, C-84 Forms

News from the Ohio BWC

To assist our efforts on a renewed return-to-work focus, BWC is streamlining two forms, the Physician's Report of Work Ability (MEDCO-14) and the Request for Temporary Total Compensation (C-84). Previously health-care providers had to complete both forms; now we only require them to complete  the revised MEDCO-14.  The C-84 will be completed by injured workers only.

Beginning  July 17, providers may begin using the new version of the MEDCO-14 and must make the transition to this form (or equivalent) within 30 days.  As of Aug. 17, we will no longer accept the former versions of the C-84 or MEDCO- 14 from providers. We will post the new version of the MEDCO-14 to ohiobwc.com on July 17.

Initially, you will need to print the PDF version of the MEDCO-14 from ohiobwc.com. We are working on an online version and will provide an update when it is available.

RSVP for lunch time conference call July 17

We will host a phone conference from 11:30 a.m. to 12:30 p.m., July 17, to further explain the new form and answer your questions. Please email your RSVP and any questions about the new form to A73658@bwc.state.oh.us by July 10. We will answer your questions during the July 17 session. Seats are limited. Those signing up will receive further instructions on joining the teleconference.

We appreciate your efforts in providing quality health care for Ohio's injured workers. If you have any questions about the form changes, please contact Tammie Mihaly of provider relations at 614-728-5726.  We look forward to helping your injured workers get back to work, back to life. 

For the convenience of our clients, the new form can also be found on Hunter's website at www.hunterconsulting.com.

Supreme Court Tightens Hold on Temporary Total Disability for Workers' Who Voluntarily Retire from the Workforce, and for Seasonal Employees on Expected Unemployment

By: Jennifer Brill, Attorney at Law Freund, Freeze & Arnold

 So far this year, the Ohio Supreme Court has issued two decisions restricting Temporary Total Disability benefits.  Both cases should be of benefit to employers in the future.

 In the first decision, the Ohio Supreme Court ("Court") held that, in calculating the "average weekly wage" (AWW) of a workers' compensation claimant during the year before his injury, the Ohio Industrial Commission ("Commission") must decide whether to include or exclude a period of unemployment based on the Commission's independent determination of whether the claimant made a reasonable attempt to find other work during that period.  State ex rel. Warner v. Indus. Comm., Slip Opinion No. 2012-Ohio-1084.

In a 7-0 per curiam decision, the Court affirmed the Tenth District Court of Appeals' remand of the case to the Commission for further proceedings.  However, the Court overruled the Tenth District's holding that the Commission should have counted state unemployment benefits the claimant received during the year before his injury in calculating his AWW for workers' compensation purposes. 

The Commission generally calculates a claimant's AWW by dividing the total wages he earned during the preceding year by 52 weeks.  However, the law provides exceptions to this general rule. One of those exceptions, set forth in R.C. 4123.61, states that in calculating a claimant's AWW, the commission should not count "any period of unemployment due to sickness, industrial depression, strike, lockout, or other cause beyond the employee's control.

Evidence presented to the Commission showed that during the 52 weeks preceding his injury, the claimant had earned wages from his employer for 30 weeks and had collected unemployment compensation for the other 22 weeks due to seasonal layoffs typical in the paving industry.  The claimant proposed that the Commission establish his AWW by one of two formulas: (1) by dividing the wages he earned during his 30 weeks of employment by 30 and not counting the period of seasonal unemployment; or (2) by adding the 22 weeks of unemployment benefits he had collected to his wages from work, and dividing the resulting total by 52.

For the complete article, click here.

Mandatory 2 Hour Safety Training 

Any employer participating in a WORKERS' COMPENSATION GROUP RATING PROGRAM, that incurred a claim during the GREEN year or the year prior must complete 2 hours of safety training to be compliant with Ohio BWC guidelines.   

• For PRIVATE and PUBLIC employers having claims that occurred between

January 1, 2010 and December 31, 2011 

There are a number of options available for completing this requirement, employers can:

• Attend a safety course at a BWC field office
• Complete 2 hours of online training at www.bwclearningcenter.com

Once you have completed the training send your CERTIFICATE OF COMPLETION to Tammy Purcell via fax at (513) 372-8754 or via email at tpurcell@hunterconsulting.com