C O M P N O T E S
Workers' compensation

Virtual hearing attendance successfully rolled out

As a Sedgwick customer, one of the many services that we offer to ensure proper claims management is attendance at workers’ compensation hearings held before the Industrial Commission (IC) of Ohio.  A claim makes its way before the IC when a decision is issued by the Bureau of Workers’ Compensation (BWC) and a party to the claim files an appeal or objection to that decision.   IC hearings can address a wide variety of issues including initial claim allowance, additional conditions, payment of compensation and permanent total disability, just to name a few.

In July of 2023 the IC officially adopted and implemented a “virtual hearing” option.  This change provided the flexibility to either attend the IC hearing in person at one of the 12 Industrial Commission offices throughout the state, or virtually via WebEx.   The virtual option is a positive addition and allows all parties to participate fully in the hearing process without having to take significant time away from their daily responsibilities.   

Our Hearing Reps currently utilize a combination of in-person hearing attendance as well as virtual attendance to cover your hearings.    We have carefully monitored the hearing outcomes since the virtual option was introduced and I am pleased to share that our hearing outcomes continue to trend upward and that in person vs. virtual is not impacting our results.  We continue to monitor our team’s efforts for virtual hearing attendance and are confident that your position at hearing is being positively managed with the inclusion of virtual attendance.

Should you have any questions or concerns related to how your IC hearing issues are handled, or if you feel in person attendance is necessary, please contact your client services representative or your assigned claims examiner and they will make sure we are aware of that service requirement.

Sedgwick appreciates the opportunity to be part of your program’s claims management initiatives.

Utilizing special investigation tools in your claims management process

Watching the news related to technology and how it is utilized in our day to day lives can feel a bit overwhelming.   But there are times when technology and subject matter expertise can be used to your advantage and that extends to your process for managing workers’ compensation claims cost.

When an injury occurs it is common to perform an onsite injury investigation that often includes securing witness statements or other supportive documentation.  But have you ever considered the areas outside of your daily control that could offer insight into whether there are red flags that should be investigated?   Examples include social media posts, knowing your employee’s extra-curricular activities or simply whether they have insurance claims outside of the workers’ compensation arena for the same body part.  

Sedgwick offers investigation services that provide factual information that impacts your claim outcomes.  Services that may be of assistance when you are unsure if a claim is valid includes our comprehensive background check report, surveillance, medical canvassing, and social media investigation.   If you believe one of these services would assist you in making the best cost related decisions for your claims, you can contact your assigned claims examiner to discuss a referral to Sedgwick’s Special Investigation Unit and they will assist you with securing a quote from our SIU department for the services needed. 

Ensuring that you have the most comprehensive claims background information at your fingertips is often an important piece of our cost management service recommendation.

Professional employer organizations - impacts on workers' compensation

Professional Employer Organizations (PEOs) enter employee leasing arrangements with companies, and essentially absorb the human capital into the PEO’s corporate structure.  The PEO then leases the employees back to the client company while providing administrative tasks associated with Human Resources.  Additionally, the client company can take advantage of discounts typically afforded to larger organizations.

Often employers make the decision to partner with a PEO due to difficulties in one or two areas where the PEO can be effective, however they can potentially relinquish control over other areas that are not in need of a co-employer relationship, resulting in them paying for services they may not need. 

When reviewing PEOs, employers should be aware of potential impacts on their workers’ compensation program. 

  • A PEO may not understand Ohio’s unique monopolistic workers’ compensation system and how to keep clients compliant.
  • If the PEO has workers’ compensation issues, it may result in increased rates to their clients with little warning,
  • If an individual client’s experience negatively impacts the larger pool of employers, a PEO may carve an individual client’s workers’ compensation experience out of their main pool. This can be done while maintaining the PEO relationship and it could leave the employer paying much higher individual rates.  When this occurs, the employer continues to pay the fees associated with being part of the PEO but does not receive the financial benefits of the pooled group. 
  • When a company leaves a PEO, they often pursue a Bureau of Workers Compensation (BWC) program, like group rating or group retrospective rating. Third Party Administrators are generally very hesitant to invite prior PEO clients to a rating program, as it is often difficult to decipher the claim loss history for the individual employer.  An invitation to a rating program could be delayed up to 5 years while the claim loss history for the individual employer is being rebuilt.  During the waiting period, the employer that left the PEO would pay full, undiscounted premiums to the BWC.
  • If the PEO is self-insured (SI), the BWC requires the SI PEO to provide specific data to BWC when a PEO relationship is severed. If the SI PEO does not provide the specific data to the BWC, BWC will give the policy leaving the PEO a 2.00 Experience Modifier, essentially doubling the standard premium rate. 

The decision to partner with a PEO should not be made without understanding the pros and cons of the relationship.  If you have questions on how this decision could impact your workers’ compensation expense, please reach out to your Sedgwick account representative.

BWC important dates & rebate programs

The Ohio Bureau of Workers' Compensation (BWC) offers employers many different rating, bonus and rebate programs to encourage cost control, return-to-work, efficiency and safety.

Private Employers

  Date Action required
  November 20, 2023 Application deadline for enrolling in the 7/1/2024 Group Rating Program
January 31, 2024 Application deadline for Deductible Program, Group Retrospective Rating, Individual Retrospective Rating, and One Claim Program for the 7/1/2024 rating year

Public Employers

  Date Action required
November 15, 2023 Deadline to change installment options or to elect deferred payments for the 1/1/2024 rating year (deferred payments are due by 4/30/2024)
November 30, 2023

Application deadline for Drug Free Safety,  and Transitional Work Bonus Programs for the 1/1/2024 rating year

December 1, 2023 Deadline for Individual Retrospective rated employers to file settlement applications for inclusion on their next retrospective rating bill
December 21, 2023* First prospective billing installment payment due for the 1/1/2024 rating year (unless employer opted to defer payment)
December 31, 2023 Deadline for group employers (rating & retro) with claim(s) in the green period to attend 2 hours of BWC approved safety training or complete BWC’s online accident analysis form and safety class
January 2024 Payroll True-Up notices sent by BWC for the 1/1/2023-12/31/2023 payroll period (due 2/15/2024)
January 31, 2024 DFSP accident analysis training deadline;  new supervisors have 60 days from hire date to complete
January 31, 2024

DFSP online safety management self-assessment (SH-26) deadline

*Any active policy that chooses to pay all of their installment payments in a single payment by January 3, 2024 will receive a 2% Early Payment Discount.  (This discount cannot reduce premiums below the $120 annual minimum.)  When the payment is received, BWC will remove all remaining installment billings for the year and the 2% discount will be refunded to the employer.  The 2% discount will not be adjusted during the true-up process at the end of the rating year.


BWC announces 2024 public employer rates

The Bureau of Workers’ Compensation (BWC) Board of Directors has approved the following rates for public employer taxing districts.  The rates reflect a 1% decrease of overall premium for the 1/1/2024 to 12/31/2024 payroll year.

NCCI Manual Description 2023 Base Rate* 2024 Base Rate*
9430 Counties 0.71 0.70
9431 Cities 1.46 1.44
9432 Villages 1.24 1.20
9433 Townships 1.34 1.43
9434 Local School Districts 0.33 0.32
9435 Public Libraries 0.20 0.21
9436 Special Public Universities 0.16 0.15
9437 Joint Vocational Schools 0.13 0.12
9438 Public Work-Relief Employees 0.18 0.16
9439 Public Emergency Service Organizations 9.26 9.31
9440 Public Hospitals 0.21 0.22
9441 Special Public Institutions 0.38 0.39
9442 Public Transit Authorities 1.60 1.73
9443 Special Public Authorities 0.77 0.83
9444 Public Employer Clerical and Telecommuter  0.15 0.15

*Rates are based per $100 of payroll and do not include the additional 22.86% administrative fee.

If you have any questions regarding your rates, please contact your Sedgwick Rate Analyst at 800.825.6755.

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