4123.54; O.A.C 4123-17-23
Percy, Chief of Operational Policy, Analytics & Compliance (Signature on
#CP-09-07, effective 09/17/14
purpose of this policy is to ensure when employment activities involve multiple
states, Ohio Bureau of Workers’ Compensation (BWC) staff recognize, effectively
investigate and accurately determine the application of Ohio workers’
policy applies to Field Operations staff.
who asserts a right, demand or claim for workers’ compensation benefits; for
purposes of this policy, typically the injured worker (IW) or a dependent of a
on the Merits:
A decision from an administrative or judicial body or an insurance carrier
determining the compensability of a workers’ compensation claim for reasons
other than jurisdiction.
referred to as “Extraterritorial Jurisdiction”): Workers’ compensation coverage
for an Ohio employee who is injured while temporarily performing duties outside
the state, or the recognition of another state’s coverage for a non-Ohio
employee temporarily working in Ohio.
Jurisdiction: Determination of which state bears legal
responsibility and authority for a claim when employment activities occur in
legal responsibility and authority to make a decision in a claim; for purposes
of this policy, the determination of whether the claimant is an Ohio employee.
Employee: An employee who is covered by Ohio workers’ compensation
due to the employer’s responsibility to report payroll for that employee
pursuant to O.A.C. 4123-17-23(A), (C), or (D).
A. It is the policy of BWC
that Ohio workers’ compensation coverage applies to an employee who is:
1. Hired to work
specifically in Ohio, regardless of where the contract of hire was entered; or
2. Working inside and
outside of Ohio and the employer’s supervising office is in Ohio.
B. Ohio Employee Injured
1. It is the policy of BWC
that BWC’s extraterritorial coverage applies:
a. To an Ohio employee
injured while temporarily working outside the state; or
b. To an Ohio employee
injured outside of Ohio when the employee meets the criteria of IV.A, above.
2. It is the policy of BWC
to evaluate if an employee is temporarily working outside the state on a
3. There is no prescribed
time period that defines when an employee is considered “temporarily” working
outside the state.
C. Out-of-State Employee
Working Temporarily in Ohio: 90-Day Rule
1. It is the policy of BWC
to recognize the extraterritorial coverage of an out-of-state employer when all
of the following apply:
a. The employee is not a
resident of Ohio;
b. The employee has worked
in Ohio 90 consecutive days or less; and
date of injury is on or after September 17, 2014.
2. Multiple periods of an
employee working 90 consecutive days or less in Ohio are calculated as distinct
D. Signature Requirements
in Interstate Jurisdiction Claims
1. Subject to the
exception in section IV.D.3 below, a claimant is required to sign and submit to
a. A First Report of an
Injury, Occupational Disease or Death (FROI), having a revision date of
12/18/08 or later;
b. An “Interstate
Jurisdiction Waiver.”; or
c. An equivalent document
2. If the required signed
document is not received by BWC within twenty-eight (28) days from the time it
is requested by BWC, the claim will be dismissed.
3. When BWC determines the
90-Day Rule applies:
a. The employee/claimant‘s
signature on a FROI or “Interstate Jurisdiction Waiver” is not required; and
b. BWC will disallow the
E. Claim Filed on Behalf
of an Employee/Claimant
1. If a claim has been
filed on behalf of an employee/claimant in another state (e.g., by a medical
provider or the employer), but Ohio is determined to have jurisdiction, the
claimant may be eligible to receive Ohio benefits when:
a. The employee/claimant
elects to pursue the claim in Ohio by satisfying the requirements of IV.D;
b. The employee/claimant
has not otherwise elected to accept workers’ compensation benefits, if benefits
were paid in the out-of-state claim; and
c. The employee/claimant
provides to BWC proof of withdrawal or refusal of acceptance of benefits in the
2. If the
employee/claimant fails to provide proof of withdrawal or refusal of acceptance
of the other claim within twenty-eight (28) days from the time it is requested
by BWC, BWC will dismiss the claim.
3. An employee/claimant is
not entitled to receive continuing benefits under the workers’ compensation
laws of two different states.
4. Compensation and
benefits awarded by BWC are paid only to the extent those payments exceed any
amounts paid in the out-of-state claim.
F. If an employee/claimant
receives benefits or compensation from Ohio and BWC becomes aware the
employee/claimant did not disclose receiving benefits, compensation or damages
from another state, whether pursued by the employee before or after receiving
benefits and/or compensation from Ohio, BWC will disallow the claim and pursue
1. The amount of the
compensation or benefits paid to the employee by BWC; and
2. Any interest,
attorney’s fees, and costs BWC incurs in collecting that payment.
BWC staff may refer to
the corresponding procedure for this policy entitled “Procedure for Interstate
Jurisdiction” for further guidance.