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OhioBWC - Basics: (Policy library) - File

Policy and Procedure Name:

Public Work Relief Employees

Policy #:

CP-16-02

Code/Rule Reference:

R.C. 4127.01 – 4127.06

Effective Date:

02/18/2015

Approved:

Rick Percy, Chief of Operational Policy, Analytics & Compliance

Origin:

Claims Policy

Supersedes:

All Injury Management policies, procedures, directives and memos regarding public work relief employees that predate the effective date of this policy and procedure.

History:

New

 

 

I. POLICY PURPOSE

 

The purpose of this policy is to ensure that claims involving public work relief employees are properly identified and processed consistent with applicable law.

 

II. APPLICABILITY

 

This policy applies to field staff, particularly the Special Claims team.

 

III. DEFINITIONS

 

Public work relief employee: a person engaged in any service or labor, under the supervision and control of a government body, either directly or through agencies, in exchange for some form of public funds or goods, on the basis of the budgetary needs of the work-relief employee and his or her dependents.

 

IV. POLICY

 

A.    It is the policy of BWC to:

1.    Recognize an injured public work relief employee as an employee covered by the workers’ compensation laws of Ohio; and

2.    Set wages for an injured public work relief employee in the same manner as all other workers’ compensation claims.

 

B.    An allowed claim from an injured public work relief employee is paid directly from the public fund from which he or she was receiving benefits at the time of the injury, until:

1.    Such funds are exhausted; or

2.    The period of disability continues beyond six months.

 

C.   BWC will begin payment of compensation once payment from the public fund has been exhausted or the period of disability continues beyond six months.

 

V.   PROCEDURE

 

A.    BWC staff shall refer to the Standard Claim File Documentation policy and procedure for claim-note requirements and shall follow any other specific instructions included in this procedure.

 

B.    The Special Claims team shall complete the initial determination and otherwise process claims from public work relief employees in the same manner as any other claim.

 

C.   The Special Claims team shall refer the claim to the Industrial Commission with a recommendation to deny compensation when the injured public work relief employee is being paid from the public fund from which he or she was receiving benefits at the time of injury, and the disability has not been continuous beyond six months.

 

D.   Field staff shall set wages in the same manner as other claims.

1.    If the standard method of calculating wages for the average weekly wage produces an unfair result, field staff may use alternative methods to provide substantial justice.

2.    Field staff shall staff such situations with his/her supervisor and/or a BWC attorney.

3.    See the Wages policy for more information.

 


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