4123.54; O.A.C 4123-17-23
Percy, Chief of Operational Policy, Analytics & Compliance (Signature on
#CP-09-07, effective 09/17/14
I. POLICY PURPOSE
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 temporary periods.
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
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 collection of:
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.