4121.63; O.A.C. 4123-18-04
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
and Termination of LM
1. Non-Medical Interruptions Beyond the IW’s
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 LM terminated.
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
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
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.