Suttles, Interim Chief Employer Services
policies and procedures regarding the Transitional Work Grants process that
predate the effective date of this policy.
27, 2018; December 29, 2016; May 5, 2015; April 21, 2014. New policy issued
October 30, 2013.
I. Policy Purpose
Ohio Bureau of Workers’ Compensation (BWC) will provide Transitional Work
Development Grants, also known as Transitional Work Grants, to eligible
employers in accordance with the applicable laws and rules.
policy applies to employers, employer authorized representatives, BWC Employer
Programs, BWC Transitional Work Unit, and transitional work developers.
work: A work-site
program that provides an individualized interim step in the recovery of an
injured worker with job restrictions resulting from the allowed conditions in
the claim. Developed in conjunction with the employer and the injured worker,
or with others as needed, including, but not limited to the collective
bargaining agent (where applicable), the physician of record, rehabilitation
professionals, and the managed care organization (MCO), a transitional work
program assists the injured worker in progressively performing the duties of a
targeted job. OAC 4123-6-01(AA)
developer: The provider
who develops the employer’s transitional work program. OAC 4123-17-55(A)(6)
To qualify for the program, the employer must be a state-fund private employer
(PA) or public employer taxing district employer (PEC). The employer must meet
the following eligibility criteria:
As of the
application date for the grant, the employer must:
Be current with
respect to all payments due BWC, as defined in OAC 4123-17-14.
Be in an active
policy status. “Active policy status” does not include an employer with a
coverage status of “no coverage” or “lapsed.”
Not have cumulative
lapses in workers’ compensation coverage in excess of forty (40) days within
the preceding twelve (12) months.
Timely report actual
payroll for the preceding policy year and pay any premium due upon
reconciliation of estimated premium with actual premium. An employer will be
deemed to have met this requirement if BWC receives the payroll report and the
employer pays premium associated with such report before the expiration of any
grace period. See the Payroll
True-Up policy for additional information.
An employer is
eligible for no more than one Transitional Work Grant per policy number.
An employer who
previously received a grant from BWC for transitional work program development
under its own policy number, or a predecessor’s policy number, is not eligible
to receive another grant. However, BWC may provide direct assistance to the employer
to update its transitional work programs developed with a previous Transitional
BWC has final
authority to determine the employer’s eligibility for the grant and to
determine the amount of the grant.
employers are not eligible to receive a Transitional Work Grant:
only the minimum administrative charge for the applicable payroll reporting
Employers who have
elective coverage only; and
with zero payroll.
/ BWC evaluation of application.
An employer that
wishes to apply for a Transitional Work Grant can utilize BWC’s web site www.bwc.ohio.gov,
or submit an Application for Transitional Work Grant Program (TWG-1).
application must be signed by the chief executive officer or designated
management representative certifying the employer will comply with all program
An employer that has
multiple policy numbers must disclose all policy numbers associated with the
business to BWC on the application.
applications will be processed on a first come, first serve basis.
An employer who
submits inaccurate information in its application may be subject to civil and
See Medical Policy’s
Work Developer; Transitional Work Grant & Transitional Work Bonus
policy for additional information.
BWC will only
process applications for employers that have reported the number of employees
on their last payroll report.
BWC may prioritize a
grant application for an employer with eleven (11) or more employees, as
reported on the employer’s last payroll report.
An employer is not
able to complete the online Transitional Work Grant application if the employer
did not report the number of employees on the employer’s last payroll report.
BWC is unable to
complete the processing of an employer’s Transitional Work Grant application if
the number of employees was not reported on the employer’s last payroll report.
However, if the employer subsequently updates the number of employees for its
last payroll report, BWC may resume processing the employer’s grant application.
If multiple policy
numbers are involved, BWC will work with the employer and transitional work
developer to develop a transitional work plan at a corporate level.
BWC may approve an
associated policy number for grant monies based on corporate organization. The
employer, under the associated policy number, must submit an application and
meet all Transitional Work Grant eligibility requirements under its own policy
BWC will notify the
employer of grant approval and the maximum amount of the grant prior to
expenditure by the employer.
If an employer
applies for a grant and meets the eligibility criteria, but funding is not
available, BWC will notify the employer that:
The employer does
not need to reapply for the grant.
availability of funding, BWC will process the employer’s application.
When funding is available,
BWC will reevaluate the employer to determine if the employer continues to meet
all eligibility requirements for a Transitional Work Grant.
BWC will notify
employers whose Transitional Work Grants were denied. An employer that BWC
determined to be ineligible may reapply for a grant.
If the employer does
not use all the funding BWC approved, the employer may subsequently submit
transitional work services for reimbursement until the employer’s individual
grant limit is reached, as long as BWC has Transitional Work Grant funding
The employer must
have and maintain continuous active state fund coverage for a period of one
year from the date BWC disburses the grant funds. BWC may recover the entire
grant if the employer fails to maintain coverage as required.
Removal / exit from
If for any reason
the employer participating in the program fails to satisfy the requirements of
the program in a timely manner, the employer may be disqualified from the
Transitional Work Grant Program.
BWC may require an
employer disqualified from the Transitional Work Grant Program to reimburse BWC
up to the full amount of the grant.
If the employer uses
grant monies for some other purpose, the employer must immediately return the
full amount to BWC. BWC reserves the right to recover the grant funds.
BWC will consider
the grant funds misappropriated if an employer fails to implement the program
within one year of receiving a grant. The employer is required to repay the
amount of the grant immediately.
Methods BWC will use
to recover grant money include:
matter to the Ohio Attorney General for collection; and
Any other means as
provided by law.
should be processed under the General
Employer Complaint Policy. BWC has not identified any
program-specific extenuating circumstances that apply to the Transition Work
filed due to program eligibility issues (e.g., lapse days, coverage status,
True-Up) will be addressed by the Employer Programs Unit. Employer complaints
filed due to transitional work plan issues (e.g., the amount of the employer’s
grant, reimbursement for transitional work services) will be addressed by the
Transitional Work Unit.
received a Transitional Work Grant from BWC. Subsequently, an injured worker
filed a lost-time claim. Is the employer required to offer transitional work to
the injured worker?
Answer: No. This is not a condition of
the grant program.
The employer paid
for transitional work services prior to applying for the Transitional Work
Grant Program. Can the employer still apply for the grant and receive
Answer: No. Transitional work services
incurred by the employer prior to its application for, and BWC approval of, a
Transitional Work Grant will not be reimbursed.