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OhioBWC - Basics: (Policy library) - File

Policy Name:

Longshore and Harbor Workers’ Compensation Claims (aka Marine Industry Fund)

Policy #:

CP-12-05

Code/Rule Reference:

R.C. 4131.11 to R.C. 4131.16; O.A.C. 4123-20-01 to O.A.C. 4123-20-07; 33 USC §901 et seq.; 20 CFR §701 et seq.

Effective Date:

07/22/16

Approved:

Rick Percy, Chief of Operational Policy, Analytics & Compliance (Signature on file)

Origin:

Claims Policy

Supersedes:

All Injury Management policies, directives and memos regarding longshore and harbor workers’ compensation claims that predate the effective date of this policy.

History:

New

 

 

I. POLICY PURPOSE

 

The purpose of this policy is to ensure that when BWC is the authorized longshore carrier for an employer, qualifying claims are processed in compliance with the Longshore and Harbor Workers’ Compensation Act.

 

II. APPLICABILITY

 

This policy applies to Field Operations staff.

 

III. DEFINITIONS

 

Longshore and Harbor Workers’ Compensation Act (LHWCA): A federal act, administered by the U.S. Department of Labor (DOL), that offers compensation and medical care to employees disabled from injuries (including occupational diseases) that occur on the navigable waters of the United States, or in adjoining areas customarily used in loading, unloading, repairing or building a vessel. This act also offers benefits to dependents if the injury causes the employee’s death.

 

Marine Industry Fund: A separate State of Ohio fund for the payment of compensation and benefits under the Federal Longshore and Harbor Workers’ Compensation Act.

 

IV. POLICY

 

A.    It is the policy of BWC that claims qualifying under the LHWCA (hereinafter referred to as “Longshore claims”) for which BWC is the authorized longshore carrier, shall be processed by BWC consistent with that act and charged against the Marine Industry Fund.

 

B.    It is the policy of BWC that Longshore claims are not subject to:

1.    Deduction for family support orders;

2.    The provisions for the disabled workers’ relief fund (DWRF); and

3.    Deduction for the purposes of recoupment of overpayment in a BWC State Fund claim.

 

C.   It is the policy of BWC that BWC may:

1.    Represent the interest of the Marine Industry Fund in all proceedings pertinent to a controverted claim; and

2.    Charge representation expenses incurred by BWC to the Marine Industry Fund.

 

BWC staff may refer to the corresponding procedure for this policy entitled “Longshore and Harbor Workers’ Compensation Claims” for further guidance.


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