Policy and Procedure Name:
|
Court Cost Payment
|
Policy #:
|
CP-03-07
|
Code/Rule Reference:
|
R.C. 4123.522
|
Effective Date:
|
03/06/2020
|
Approved:
|
Ann Shannon, Chief of Claims Policy and Support
|
Origin:
|
Claims Policy
|
Supersedes:
|
Policy # CP-03-07, effective 08/20/14 and Procedure # CP-03-07.PR1
effective 08/20/14
|
History:
|
Previous versions of this policy are available upon
request.
|
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 claims operations staff and
Benefits Payable.
Attorney fees: An equitable 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 in an appropriate and timely manner.
B. The BWC will not
issue payment or implement an order until:
1. The IC has sent
BWC the Court Unit 512 Memo; and
2. The Attorney
General (AG) approves payment.
1. BWC staff shall
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 shall process all litigation-related bills.
1. The regional AG
shall forward requests for payment via fax or email to Benefits Payable when in
receipt of all the following:
a. The “Litigation
– Related Bill” cover letter generated from the AG;
b. The Court Unit
512 Memo from the Industrial Commission of Ohio (IC); and
c. The
judgment entry.
2. See Orders,
Waivers, Appeals, and Hearings policy for additional information
for claims processing procedures related to court orders.
C.
Benefits Payable, upon receipt of notice from the AG, shall issue
payment after:
1. Receiving the
request for payment from the AG’s office, and:
2. Ensuring that
each request for payment is complete (e.g., verifying receipt of all required documentation
such as judgment entry and invoices).
D.
Benefits Payable shall retain all documents per the applicable retention
schedule once the request is processed and the warrant is issued.
E.
Claims staff shall advise individuals inquiring about litigation-related
bill payment to contact the appropriate AG regional office if BWC has not yet
received AG approval. Regional offices include:
1.
Columbus (614)466-6696
2.
Cleveland (216)787-4929
3.
Cincinnati (513)852-1550
4.
Toledo (419)245-2550
5.
Youngstown (330)884-7520
F.
Field staff may email any additional inquiries concerning payment to
“BWC EFT Group” email box.