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

Sedgwick offering educational seminars in April

Sedgwick is pleased to once again offer our clients on-site, in-person seminars this Spring.  We will be hosting half-day sessions that will provide you with timely, relevant information on workers' compensation, safety and unemployment.

Seminar topics include:

  • Claims management - panel discussion with TPA & MCO
  • Safety gap analysis
  • Controlling unemployment costs: a strategic approach to mitigating unemployment risk
  • How to stay connected with an aging and remote workforce

Sedgwick will be holding the seminars in four convenient locations across the state.  The locations and dates are:

City Date Location
Toledo April 12, 2023 Hilton Garden Inn Perrysburg
Cleveland April 13, 2023 Embassy Suites
Rockside
Columbus April 25, 2023 Embassy Suites Dublin
Cincinnati April 27, 2023  Marriott Cincinnati
North
 
Registration fees are $75 per person for Sedgwick clients. Tuition, educational materials, continental breakfast and a refreshment break are included in the registration costs. These sessions qualify for the two-hour safety credit through the Ohio Bureau of Workers' Compensation. To register, please click here.  Be sure to register early as space is limited. We look forward to seeing you at one of our locations!


BWC important dates & rebate programs

Most BWC discount and refund programs require annual re-enrollment or participation in safety training.  For more information regarding those requirements, click on the links below to visit BWC’s website.  

If you have any questions regarding safety requirements, or if you would like to learn more about these discount programs and the potential savings these programs have to offer to your organization, please contact Lora Brooks, Sedgwick Program Specialist at 800.825.6755, ext. 65436.

Private Employers

  Date Action required
  March 31, 2023 Last date to request through BWC a change in estimated payroll or installment plan for the current 7/1/2022 through 6/30/2023 rating year. (Final true up of actual payroll will need to be completed by 8/15/2023.)
March 31, 2023 Drug Free Safety Program annual report due for those in the 7/1/2022 program
March 31, 2023 EM Cap safety requirements must be completed for those in the 7/1/2022 program
March 31, 2023 One Claim Program education requirements must be completed for those in the 7/1/2022 program
June 30, 2023 Industry Specific Safety Program loss prevention activities to earn the 3% rebate must be completed for those in the 7/1/2022 program

Public Employers

  Date Action required
February 15, 2023* Deadline to submit 2022 payroll True-Up report, and premium payment if estimated payroll was less than actual (a credit will be applied if estimated payroll was greater than actual)
February 15, 2023 Last day to submit settlement applications (C240) for settlement to be applied to the 2024 experience.
March 1, 2023 Drug Free Safety Program action plan (DFSP-5) must be submitted for those in the advanced program for 1/1/2023
March 31, 2023 Survey date (claim cost snapshot) for 1/1/2024 experience rating calculations.

*Failure to report and pay by the February 15, 2023 deadline can prove to be very costly to employers.  Employers that report and/or pay late will be removed from any current discount/rebate programs (2023 rating year) and may be ineligible for next year’s programs (2024 rating year).  Additionally, if any rebates are still outstanding from 2022 rating year programs, those rebates will be forfeited.  Contact your Sedgwick Rate Analyst at 800.825.6755 if you have any questions regarding the True-Up process.


Updates to BWC salary continuation policy

In our last issue of CompNotes we discussed the importance of considering salary continuation for claims that have lost time as a result of the allowed conditions, especially if you are part of a group retro program.  Since the publication of that article the BWC has advised of a few updates to the policy that we feel are important to share.  These changes are mostly positive and will help employers navigate some of the more cumbersome aspects of providing salary continuation:

  • Employers are not required to send the Salary Continuation Agreement (C-55)
    • Sedgwick claims management note – while the BWC is not “requiring” a C55 be sent to their file, we are still recommending that you and the injured worker complete a salary continuation agreement in the event that either party wishes to question the payments
  • BWC will accept verbal agreement to salary continuation from the IW and employer.  Employer should still submit a record of wages paid.
  • Employers are permitted to pay salary continuation even after BWC has paid Temporary Total compensation (TT).
    • Sedgwick claims management note – the BWC policy indicates that the employer has until the expiration of the appeal period related to the payment of TT to make their decision regarding payment wages in lieu of TT.

The BWC is still working on finalizing the update to their policy handbook and we expect further communication in the coming weeks on this issue.   Your claims examiner is available to assist with any questions or concerns as we work to make the necessary adjustments to align with this policy change.


Ohio Work-Based Learning Pilot Program

Under Senate Bill 166 of the 134th General Assembly, employers who provide work-based learning experiences for students enrolled in a career-technical education program can have eligible students’ claims excluded from their future premium calculation.

To be eligible for exclusion, the claim must be for:

  • An injury, occupation disease or death between 3/23/2022 and 3/23/2024.
  • A student enrolled in a career-technical education program with an employer who provides work-based learning experience.
  • An injury, occupation disease or death sustained in the course of and arising out of the student’s participation in an employer’s work-based learning experience.

The employer must also meet the following:

  • Active coverage on date of injury.
  • Current on all payments due to BWC.
  • Current on any part-pay agreements.

If you participate in this program and have a student with a workers’ compensation claim that meets the criteria above, Form U-157 (Request to Exclude Work-Based Learning Pilot Program Claims from Employer's Experience) can be submitted to the Bureau of Workers’ Compensation for cost relief.  A signed copy of the Work-Based Learning Agreement for the student/injured worker must be submitted with the application.

If you have any questions, please contact our office at 800.825.6755.


Request to transfer existing coverage to succeeding employer

The Ohio Bureau for Workers’ Compensation (BWC) has just released a new form (U-115 - Request to Transfer Existing Coverage to Succeeding Employer) that will allow an employer to transfer an existing policy to a new owner.

With this U-115 form, when a company is sold, BWC will allow the succeeding employer/buyer to maintain the existing policy of the former employer/seller.  Both parties will need to complete and sign the form.

Requirements for using the U-115:

  • The U-115 may be used only when the policy is in an active status. If the seller’s policy is cancelled, BWC will not reinstate it and transfer it to the succeeding employer.  In this case, the succeeding employer must use its own existing policy or apply for new coverage (U-3 - Application for Ohio Workers' Compensation Coverage) and then also file a U-118 - Notification of Business Acquisition/Merger or Purchase/Sale.
  • The U-115 form cannot be used to combine two existing BWC policies. To combine existing policies, use form U-118 - Notification of Business Acquisition/Merger of Purchase/Sale.
  • If the seller retains any locations or operations under the policy that are not included in the sale, then the U-115 cannot be used. Instead, the buyer needs to use its own existing policy or obtain a new policy (U-3), and the parties should file a U-118 to request a partial transfer.

All forms are available on BWC’s website under the Employer Forms section.

Please contact our office at 800.825.6755 if you have any questions regarding these forms or the transfer of workers’ compensation coverage.


Cost containment spotlight: lump sum settlement

The Sedgwick Ohio cost containment department specializes in executing cost-saving strategies, such as lump sum settlement, in reducing the premium impact of a workers’ compensation claim. Settlement of a claim may be beneficial due to the resolution of all medical and compensation issues, future liabilities, and potential for premium savings or an increase in group retrospective refunds.

Sedgwick Ohio has a seasoned settlement team who proactively conducts thorough claim reviews on behalf of our clients to make an initial determination if settlement is feasible and appropriate. There are many factors to consider when reviewing a claim for a potential settlement, including but not limited to the following:

  • Current treatment and ongoing claim activity
  • Current claim costs
  • Maximum claim value
  • Injury type and claimant employment status

If the settlement team determines that claim settlement may be advantageous, a team member will contact the client to discuss the potential benefits of settling a claim and obtain approval before proceeding. If all claim parties agree to an appropriate settlement amount and it is approved by the Ohio Bureau of Workers’ Compensation (BWC) and the Ohio Industrial Commission, the BWC will issue an approval order. The settlement will be paid to the claimant by the BWC upon completion of a 30-day withdrawal period.

In 2022, the Sedgwick cost containment team filed over 2,900 settlement applications resulting in estimated premium savings of over 4 million and an estimated group retrospective refund increase of over 7 million.

To learn more about lump sum settlement or to reach your dedicated settlement team member, contact Cost Containment Team Lead Manal Elfishawy, at Manal.Elfishawy@Sedgwick.com.

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