R.C. 4123.343 and 4123.63;
Rick Percy, Chief of
Operational Policy, Analytics and Compliance signature on file
Any policy or procedure
regarding handicap reimbursement that predates the effective date of this
I. POLICY PURPOSE
The purpose of this policy is to
ensure BWC reduces costs to an employer’s risk by charging a percentage of the
qualifying claim’s costs to the statutory surplus fund instead of to the
employer’s experience when an employer hires and retains employees with a
pre-existing handicapped condition or military service handicap.
This policy applies to Field
Operations, Legal, and Employer Services staff.
Handicapped employee: for the purpose of this policy,
an employee who is afflicted with or subject to a physical or mental impairment
listed in R.C. 4123.343, whether congenital or due to an injury or disease,
such that the impairment constitutes a handicap in obtaining employment or
A. It is the policy of BWC to charge
a percentage of a qualifying claim’s costs to the statutory surplus fund
instead of to the employer’s experience, upon application of the employer, when
a handicapped employee as defined in R.C. 4123.343 or R.C. 4123.63 is injured,
disabled or dies as a result of an injury or occupational disease sustained in
the course of, or arising out of, his/her employment, and BWC finds either that
the injury, occupational disease, or death would not have occurred but for the
employee’s pre-existing handicapped condition, or that the injury, occupational
disease, or death would have occurred without regard to the employee’s
pre-existing handicapped condition, but the resulting disability or death was
caused at least in part through aggravation of the employee’s pre-existing
disability. Diseases or conditions as listed
in R.C. 4123.343 are limited to:
3. Cardiac disease
5. Amputated foot, leg, arm or hand
6. Loss of sight of one or both eyes
or partial loss of uncorrected vision of more than seventy-five percent (75%)
7. Residual disability from
8. Cerebral palsy
9. Multiple sclerosis
10. Parkinson’s disease
11. Cerebral vascular accident
14. Psycho-neurotic disability
following treatment in a recognized medical or mental institution
16. Chronic osteomyelitis
17. Ankylosis of joints
19. Muscular dystrophies
22. Varicose veins
23. Cardiovascular pulmonary or
respiratory diseases of firefighters or police officers employed by a municipal
corporation or township as a regular member of a lawfully constituted police or
24. Coal miner’s pneumoconiosis
(“black lung disease”)
25. Disability with respect to an
individual who has completed a rehabilitation program conducted pursuant to
sections R.C. 4121.61 through R.C. 4129.69.
B. When an employee with an eligible
handicap condition files an allowed workers’ compensation claim, the eligible
employer or the employer’s representative may file an Application for
Handicap Reimbursement form (CHP-4A) with supporting medical evidence.
1. Eligible employers must:
a. Hand deliver the CHP-4A
BWC Customer Service
30 W. Spring St., Second Floor
Columbus, Ohio 43215; or
b. Mail the CHP-4A application to
BWC, Attn: Handicap Reimbursement
30 W. Spring St.
Columbus, Ohio 43215-2256
2. Eligible employers include:
a. Public employer taxing districts;
b. Private state-fund employers;
d. Any employer who has been granted
a previous handicap reimbursement;
e. Certain bankrupt employers as
determined on a case-by-case basis.
3. Ineligible employers include:
a. Non-complying and/or out-of-business
b. Self-insuring employers;
agencies and universities.
C. The CHP-4A must be filed while
the claim is within the employer’s experience, as follows:
1. For Private state-fund employer claims with a
date of injury:
or before December 31, 2009, the CHP-4A must be filed by June 30 of the year no
more than six years from the year of the date of injury or occupational
or after January 1, 2010,
the CHP-4A must be filed by June 30 of the year:
no more than six years from the year of the date of injury or
occupational disease if the date of injury is between January 1 and June 30.
no more than seven years from the year of the date of injury
or occupational disease if the date of injury is between July 1 and December 31.
2. For Public employer taxing district claims
with a date of injury:
or before December 31, 2009, the CHP-4A must be filed by
December 31 of the year no more than five years from the year of the date of
the injury or occupational disease.
or after January 1, 2010, the CHP-4A must be filed by
December 31 of the year no more than six years from the year of the date of the
injury or occupational disease.
a claim involving a private state fund employer or a public employer taxing
district employer participating in a retrospective rating plan, the application
shall be filed within the time provided in section IV.(C)(1, 2), as applicable.
D. An employer's application for
handicap reimbursement does not result in or affect the IW’s right to any
benefits or compensation to the IW, and the employee has the legal right to
decline to provide information to an employer about any pre-existing
E. Employers have several
rights with respect to this policy.
1. An employer may request that an
informal conference be conducted regarding the application for handicap
reimbursement. At the request of the employer or another party, the informal
conference may be expedited or conducted by telephone.
2. An employer may request withdrawal
of the application at anytime, either in writing or verbally.
3. Claims settlement does not affect
the employer’s right to have a handicap reimbursement application considered.
4. Pursuant to R.C. 4123.511, the
employer may appeal a BWC Order on handicap reimbursement to the Industrial
Commission, but the order is not appealable to court under R.C. 4123.512.
F. BWC will only consider an
application for handicap reimbursement when one of the following apply:
1. BWC has awarded compensation to
the IW for:
a. Temporary total disability;
b. Permanent total disability;
c. Disabilities compensated under
R.C. 4123.57(B); or
d. Death benefits.
2. The IW has received wages from
the employer in lieu of compensation (salary continuation).