OhioBWC - Basics: (Policy library) - File

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.

 

II. APPLICABILITY

 

This policy applies to BWC claims operations staff and Benefits Payable.

 

III. DEFINITIONS      

 

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.

 

V. PROCEDURE

 

A.    Standard Claim File Documentation

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.