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Policy and
Procedure Name:
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Public
Work Relief Employees
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Policy
#:
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CP-16-02
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Code/Rule
Reference:
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R.C.
4127.01 – 4127.06
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Effective
Date:
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02/10/20
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Approved:
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Ann M. Shannon,
Chief of Claims Policy and Support
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Origin:
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Claims
Policy
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Supersedes:
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Policy and
Procedure # CP-16-02, effective 02/18/15
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History:
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Previous
versions of this policy are available upon request
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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 claims services 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, based on 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. Standard Claim File
Documentation
1. BWC staff shall refer
to the Standard
Claim File Documentation and Altered Documents policy and
procedure for claim note requirements; and
2. Shall follow any other
specific instructions for claim notes 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. Claims services 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, claims
services staff may use alternative methods to provide substantial justice.
2. Claims services staff
shall staff such situations with his/her supervisor and/or a BWC attorney.
3. See the Wages
policy for more information.