R. Abrams, Chief Operating Officer
CP-01-04, effective 01/05/16
03/21/16; 01/05/16; New 07/01/13
purpose of this policy is to ensure BWC properly identifies and pays accrued
compensation to the dependent(s), a provider that rendered services pertaining
to the decedent’s death or to the estate of a deceased injured worker (the
“decedent”) consistent with applicable rules and statutes.
policy applies to claim services staff.
Abatement: For BWC purposes, to
discontinue any further action on applications pending in a claim at the time
of an injured worker’s or other claimant’s death.
The unpaid portion of an award of compensation in an allowed claim due to the
decedent at the time of his or her death, regardless of whether the death was
the result of an allowed injury or occupational disease.
Dependent: A member of the
family of the decedent, or bears to the decedent the relation of surviving
spouse, lineal descendant, ancestor, or brother or sister who relied on the
decedent for financial support.
who asserts a right, demand or claim for workers’ compensation benefits.
A. It is the policy of
BWC to pay accrued compensation the decedent was entitled to, up to and
including the date of death:
1. To a dependent; or
2. To a provider or
individual that rendered services pertaining to the decedent’s death; or
3. If there is no eligible
dependent, provider or individual, to the estate of a decedent.
B. The dependent, a
provider or individual, or the estate, must make an application to BWC to
receive accrued compensation.
1. The claimant may use
an Application for Accrued Compensation (C-6) form, available on the BWC
website, or an equivalent.
2. A dependent must
provide proof of dependency.
3. A provider or
individual who rendered or paid for services pertaining to the decedent’s death
must provide an invoice, proof of payment or other credible documentation.
4. The executor of a
decedent’s estate must provide proof of executor status and the estate’s tax
1. A dependent, a
provider or individual that rendered services pertaining to the decedent’s
death or the estate has two (2) years from the date of the decedent’s death to
file an application for payment of accrued compensation from a benefit that was
awarded to the decedent prior to death.
2. Application for accrued
compensation from an application abated due to decedent’s death or a benefit
that the decedent was lawfully entitled to have applied for at the time of his
or her death must be filed within one (1) year from the date of decedent’s
D. Percentage Permanent
Partial Disability and Scheduled Loss
When an award for a
percentage of permanent partial disability or scheduled loss is made pursuant
to R.C. 4123.57 prior to the death of the decedent, BWC will pay unpaid
installments accrued or to accrue under the provisions of the award to the
surviving spouse, or if there is no surviving spouse, to the dependent children
of the decedent, and if there are no dependent children surviving, then to
other dependents as determined by BWC.
E. Lump Sum Settlement:
Lump sum settlements will be handled consistent with the Lump Sum Settlement
F. Existing Overpayment
and Accrued Compensation
existing at the time of the decedent’s death will be recouped from accrued
compensation consistent with the Overpayment of Compensation
G. Accrued Compensation
and Death of Dependent
1. If a dependent was
awarded accrued compensation from a scheduled loss pursuant to R.C. 4123.57(B),
and the dependent dies, only the accrued compensation payable to that
dependent, up to and including the date of the dependent’s death, shall be paid
to the dependent’s estate.
2. When death benefits
have been awarded to a dependent and the dependent dies before the funds are
disbursed, accrued benefits for the period between the IW’s death and the
dependent’s death shall be paid to the dependent’s estate.
H. A claimant may
designate and authorize a representative for them self by filing a Claimant
Authorized Representative (R-2) form, consistent with the Authorized
Representatives policy. An authorization made by the decedent does not
carry-over and apply to a new claimant.
I. Orders, Appeals, and
1. An order shall be
used to issue decisions on applications for accrued compensation.
2. A party may appeal an
order consistent with the Orders, Waivers, Appeals and Hearings policy.
3. Any awarded accrued
compensation shall be paid at the expiration of the appeal period if an appeal
has not been filed.
BWC staff may refer
to the corresponding procedure for this policy entitled “Procedure for Accrued
Compensation” for further guidance.