Policy
Name:
|
Employer
of Record Change
|
Policy #:
|
EP-05-04
|
Code/Rule
Reference
|
Ohio
Administrative Code (OAC) 4123-17-02 and 4123-17-15
|
Effective
Date:
|
February
14, 2014
|
Approved:
|
Kevin R.
Abrams, Chief of Employer Services
|
Origin:
|
Employer
Policy
|
Supersedes:
|
Not
applicable
|
History:
|
New policy
|
Review
Date:
|
February
14, 2019
|
I. Policy Purpose
The
purpose of this policy is to describe the role of Employer Services in ensuring
that BWC has assigned a claim to the correct employer policy number.
II. Applicability
This
policy applies to BWC Employer Services, BWC Field staff, employers and
Professional Employer Organizations (PEO).
III. Definitions
A.
Employer of
Record (EOR): Entity that
is legally responsible for purposes of workers’ compensation as the employer
for a claim filed by an injured worker.
IV. Policy
A.
Employer Services
staff may assist other BWC departments and units to ensure that a claim has
been assigned to the correct employer policy number.
B.
Primarily, Employer
Services will assist in determining state fund, self-insuring, or PEO/client
employer status on the date of injury or occupational disease. In making this
determination, Employer Services may:
1.
Review BWC records.
2.
Review provided
records.
3.
Make a
recommendation as to the correct policy number.
4.
Ensure the proper
computer system(s) is updated.
C.
Employer Services
may, as part of a business process (e.g. employer audit, review of
self-insuring PEO), identify a claim that is assigned to the wrong policy
number. If such a claim is identified, Employer Services will communicate the
information to the appropriate department or unit.
D.
Employer Services
staff will change the EOR on a claim only under the following circumstances:
1.
A PEO contract
initiation or termination involving two state fund employers. See the Employer
Services policy Professional
Employer Organizations (PEOs).
2.
A partial transfer
involving the partial sale of an employer. See the Employer Services policy Successorship.