Self-Insured Disabled Workers’ Relief Fund (DWRF)
Ohio Revised Code (ORC) 4123.411 &
Ohio Administrative Codes (OAC) 4123-17-29 and 4123-17-15.5
August 1, 2015
Self-Insured Department/Employer Services
August 1, 2020
This policy defines the requirements
of a self-insuring employer to reimburse the BWC for Disabled Workers’ Relief
Fund (DWRF) claim costs.
The policy applies to employers
that have been granted the privilege of self-insurance and the BWC Self-Insured
Disabled Workers’ Relief Fund.
B. SI: Self-Insured.
C. SI employer: Self-insuring
D. SI-PEO: Professional
Employer Organization that has been granted the privilege to self-insure for
workers’ compensation purposes.
Employer: Employer with an active State Insurance Fund policy that has been
approved to participate in a PEO agreement with a SI-PEO.
Pursuant to ORC 4123.411, the BWC shall pay to employees any
amounts of DWRF due and shall semi-annually bill the SI employer for all
amounts paid to a participant.
to OAC 4123-17-29, a SI employer
shall reimburse the BWC for DWRF payments made on or after August 22, 1986, in
claims in which it is the employer of record, without regard to the date the
employer was granted self-insured status.
on the determination of DWRF benefits, calculation of benefits, and payment of
benefits can be found in the Disabled
Workers’ Relief Fund
D. SI employers
shall be billed on a semi-annual basis for any DWRF payments made by the BWC
during the previous six-month period for all claims associated with the SI
DWRF payments made during a given six-month period, January 1 through
June 30 or July 1 through December 31, will be billed in conjunction with the
semi-annual self-insured assessments in February and August of each year.
A SI employer will be billed for any DWRF payments made by BWC having a
warrant date (paid date) on or after the effective date of self-insurance.
Pursuant to OAC 4123-17-32
(L), if a SI employer fails to remit payment for DWRF reimbursements by the
invoice due date a late penalty will be assessed.
penalty may be assessed if the billing remains unpaid for sixty-one days or
b. SI employers that do not reimburse BWC timely for DWRF
payments shall be subject to non-renewal or revocation of their SI status.
E. The requirement of
a SI employer to reimburse the BWC for DWRF payments is established by the
A state fund policy that is granted self-insurance will be combined into
the newly established SI policy.
SI employer will assume responsibility to reimburse BWC dollar-for-dollar for any
future DWRF payments, for the life of any
claim, regardless of the date of injury. This includes:
Any claim incurred as the employer of record before being granted self-insurance;
And, any claim incurred by a predecessor state fund policy that was
combined into the newly granted SI employer prior to becoming self-insured.
A state fund employer that was previously owned or recently purchased by
the SI employer and is approved to
participate as part of an active SI policy.
the approval of an entity to be either merged into or added as a subsidiary to the
policy of an active SI employer, the state fund policy of that employer will be
combined into the policy of the SI employer.
SI employer will assume responsibility to reimburse BWC dollar-for-dollar for
any future DWRF payments for the life of any claim, regardless of the date of
injury, in which the entity being added is the employer of record.
As determined by the SI department, an asset-only acquisition of a state
fund entity by an existing SI employer will not be combined into the SI policy
and therefore the reimbursement of DWRF payments on claims associated with that
entity will not transfer to the SI employer.
When an SI employer is acquired by another SI employer.
a SI employer acquires all of another SI employer, the policy of the acquired SI
employer will be combined into the policy of the acquiring employer. The acquiring
SI employer will become responsible for any DWRF obligations for:
Any claim, where the acquired SI policy is the policy of record.
Any claim incurred, where a predecessor acquired state fund policy is
the employer of record, and that policy was combined with the acquired SI
A SI employer acquires a part of another SI employer.
a SI employer acquires part of another SI policy (i.e. a subsidiary, division)
there will be no combination processed.
Where the acquired entity is the employer of record, the SI employer from
which the entity or entities were acquired will remain responsible for any DWRF
obligations for claims incurred prior to the effective date of the acquisition.
5) A subsidiary entity of a SI employer returns to the state
costs associated with claims where the employer of record is the state fund
policy of that subsidiary entity, prior to becoming self-insured, will remain the
responsibility of the SI employer.
costs associated with claims incurred during the period the subsidiary entity
was self-insured, will continue to be the responsibility of the SI employer.
6) A SI-PEO.
In addition to the requirements outlined in sections (D1-5) of
this policy, a PEO granted the authority to self-insure, will be responsible
for DWRF reimbursements associated with its client employers for lease type “All
under PEO policy”.
DWRF costs associated with a client employer’s state fund policy,
prior to the effective date of the PEO agreement, will become the
responsibility of the self-insuring PEO to reimburse dollar-for-dollar,
beginning with the effective date of the PEO agreement.
DWRF costs for a given six-month period, January 1 through June 30
or July 1 through December 31, may be prorated for a situation where a client
relationship was made effective or terminated during the semi-annual period.
the effective date of the termination of the PEO relationship, the DWRF costs
associated with the former client employer’s state fund policy will remain with
the client employer, and the SI-PEO is no longer responsible to reimburse BWC.
costs associated with claims incurred during the period the client employer was
in a PEO agreement will continue to be the responsibility of the PEO to
V. Resolution of Complaints
complaints or disputes related to this policy must be submitted in writing to
the SI department via mail or email as detailed in the Self-Insured
Resolution of Complaints Policy.
of Workers’ Compensation
Spring St., 22nd Floor
SI department will issue a formal written response to any complaint. If the
complaint is not resolved as a result of the formal response issued by the SI
department, a written request that the issue be referred to the Self-Insured
Review Panel (SIRP) may be submitted by the SI employer or SI-PEO.