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Policy and Procedure Name:
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Court Cost Payment
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Policy #:
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CP-03-07
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Code/Rule Reference:
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R.C.
4123.512
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Effective Date:
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07/26/2023
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Approved:
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Shawn Crosby, Chief Operating Officer
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Origin:
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Claims Policy
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Supersedes:
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Policy # CP-03-07, effective 03/06/20
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History:
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Previous versions of this policy are available upon
request.
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I. POLICY PURPOSE
The purpose of this policy is to provide guidance for the
processing and payment of litigation-related bills.
This policy applies to BWC Benefits Payable and claims services
staff.
Attorney fees: An amount fixed by the trial judge and
established upon the final determination of a proceeding, payable to an
attorney for legal services rendered in a matter.
Court costs: For purposes of this policy, the amount
of money to process the legal proceeding through the court system and for which
the trial judge may apportion liability to a party or parties.
Court Unit .512 Memo: An Ohio Industrial Commission
(IC) document used to memorialize receipt of a court judgment entry or
decision.
Judgment Entry: A document created by the court and
signed by a judge, magistrate, or designee to record the outcome of a case; a
court order.
Litigation-related bills: The cost associated with
litigation of a case, such as independent medical reviews or examinations,
expert testimony, attorney fees, court costs.
IV. POLICY
A. It is the policy
of BWC to ensure that all litigation-related bills are paid in compliance with
a judgment entry.
B. BWC will not
issue payment until:
1. The Attorney
General (AG) approves payment; and
2. The IC has sent
BWC the Court Unit .512 Memo.
1. BWC staff will refer
to the Standard
Claim File Documentation and Altered Documents policy and procedure for
claim note requirements; and
2. Shall follow any
other specific instructions for claim notes included in this procedure.
B.
BWC Benefits Payable will process all litigation-related bills.
1. The regional AG will
forward requests for payment to Benefits Payable via secured email. Requests
may include:
a. The “Litigation
– Related Bill” cover letter generated from the AG;
b. The Court Unit .512
Memo from the IC; and
c. The
judgment entry.
2. Prior to issuing
payment, Benefits Payable will:
b. Ensure that each
request for payment is complete; and
c. Contact
the regional AG for missing documentation.
3. See Orders,
Waivers, Appeals, and Hearings policy for additional information for
claims processing procedures related to court orders.
C.
Benefits Payable will retain all documents per the applicable retention
schedule once the request is processed and the warrant is issued.
D.
If BWC has not yet received AG approval to pay a litigation-related
bill, claims services staff will advise individuals inquiring about bill
payment to contact the Workers’ Compensation Section of the AG’s office at
(614) 466-6696.
E.
Claims Services Staff Communication with Benefits Payable
1. Upon receipt of
any documentation from the AG related to payment of court costs, claims
services staff will provide notice to Benefits Payable by emailing the BWC EFT box.
2. Claims services staff
may also email the BWC EFT box
with any additional inquiries concerning payment.