Percy, Chief of Operational Policy, Analytics & Compliance (Signature on
#CP-12-03, effective 04/11/14
purpose of this policy is to ensure that BWC appropriately pays living
maintenance (LM) to an injured worker (IW) who is actively participating in a
BWC-approved vocational rehabilitation plan.
policy applies to Field Operations staff, specifically disability management coordinators
and claim service specialists.
A. It is the policy of BWC
to pay an IW LM compensation in place of temporary total (TT) compensation when
the IW is actively participating in a vocational rehabilitation plan.
B. An IW receiving LM is
considered temporarily totally disabled and shall not receive any other
compensation while collecting LM, except for scheduled loss, as provided in
C. LM payments will
begin on the date that the IW begins to actively participate in an approved
vocational rehabilitation plan service (e.g., work conditioning).
D. LM payments shall not
exceed the amount the IW would receive if receiving TT, but shall not be less
than fifty-percent (50%) of the current statewide average weekly wage.
E. Any offset that would
be applied to TT shall also be applied to LM. See the Temporary Total
Compensation policy for further information about offsets.
F. If an IW is paid
wages for activities while participating in a vocational rehabilitation plan,
the IW is required to endorse that paycheck over to BWC for deposit into the
State Insurance Fund. If the IW does not endorse the wages over to BWC, such
wages will be deducted from LM or, if the IW is no longer receiving LM, as an
overpayment from any future compensation that the IW receives. See the Overpayment
of Compensation policy for more information.
G. An IW will not
receive more than a total of six months of LM, unless BWC determines that the
IW will benefit by an extension.
H. Salary Continuation
in Lieu of LM
If the employer of
record offers salary continuation, an IW with a lost time claim may choose to
receive either salary continuation or LM during active participation in the vocational
rehabilitation plan, unless the IW has already received TT or LM in the claim. If
the IW has already received TT or LM in the claim, the IW will only receive LM.
See the Salary Continuation policy for more information.
I. Interruptions and
Termination of LM
1. Non-Medical Interruptions
Beyond the IW’s Control
a. LM may continue up to
a total of five (5) business days when an IW is unable to actively participate
in the plan due to non-medical circumstances beyond the IW’s control (e.g.,
death in the family).
b. If a non-medical
interruption extends beyond five (5) business days, the plan may be closed and
2. Medical Interruptions
a. LM will continue up
to thirty (30) days in an open plan when the IW is unable to actively
participate in the plan due to medical instability.
b. LM will be suspended
in an open plan after thirty (30) days when the IW continues to be unable to
actively participate in the plan due to medical instability.
3. Interruptions Without
Good Cause - BWC may deduct one-seventh (1/7) of the weekly LM payment for each
full day the IW fails, without good cause, to actively participate in the plan.
4. LM Termination- LM
shall terminate upon the earlier of:
a. The IW’s return to
work, other than as part of a gradual return to work plan; or
b. The closure of the
IW’s vocational rehabilitation plan pursuant to OAC 4123-18-05(E).
5. The suspension or
termination of LM shall not affect the IW’s right to any other workers’
compensation or benefits to which he or she may be entitled.