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OCTOBER 30, 2001

OHIO BUREAU OF WORKERS' COMPENSATION (BWC)

POLICY FOR HANDLING CLAIMS FOR ALLEGED BIOTERRORISM IN THE WORKPLACE

In the past several weeks BWC has received claims alleging non-accidental potential exposure to anthrax. To date, all incidents are the result of workers coming into contact with an unknown, powdery substance at the work site or from public safety workers responding to an emergency call. In all cases thus far, the substance has not been found to contain anthrax; however, some workers involved have incurred emergency medical charges such as emergency response calls, hospital ER, physician, lab/pathology, and prophylactic antibiotic therapy.

Pursuant to Ohio Revised Code 4123.68 a worker must have "contracted" a disease from a workplace exposure for a claim to be eligible for workers' compensation benefits. Claims for mere exposure are non-compensable in Ohio.

BWC and the state of Ohio are not unique in regards to the effect of terrorism. President George W. Bush issued a proclamation on September 14, 2001, stating that "a national emergency exists by reason of the terrorist attacks at the World Trade Center, New York, New York, and the Pentagon, and the continuing and immediate threat of further attacks on the United States." And Governor Bob Taft has instructed state agencies to take measures to assist Ohioans impacted by these and subsequent events. As such, BWC is taking extraordinary measures to alleviate the financial burden resulting from potential or real bioterrorism exposure to non-accidental potential biological agents in the workplace.

NEW BWC BIOTERRORISM EXPOSURE POLICY

All state fund claims alleging potential non-accidental exposure to anthrax or other biological agent will be automatically referred to BWC's medical advisor for an occupational disease medical review. Where the worker tests negative for anthrax, BWC will disallow the claim in accordance with Ohio law. In the event a worker actually contracts anthrax, the claim will be handled as an occupational disease claim.

Emergency medical diagnostic services necessary to investigate the claim and confirm or rule out an anthrax diagnosis will be paid by BWC as occupational disease claim investigative costs. Prophylactic antibiotic therapy, initiated in accordance with Ohio Department of Health and the Centers' for Disease Control protocol, will also be reimbursed by BWC. Reimbursement for prophylactic antibiotic therapy initiated prior to substance testing will be considered on a case by case basis and BWC may limit reimbursement in these cases.

Each case involving non-accidental alleged or real exposure to anthrax or other biological agent will be handled by a centralized claims team, led by BWC's physician medical advisor and specially trained claims staff to ensure BWC resources are deployed prudently. Only workers who come into direct contact with the potential anthrax or other biological agents in the course of their employment and are instructed by emergency response personnel to seek emergency treatment will be covered by this policy.

BWC believes these extraordinary measures are crucial to ensure the financial peace of mind of Ohio employers and employees who otherwise would have to bear the full responsibility of these alleged acts of terrorism in the workplace.

Any questions regarding this policy may be directed to 1-800-OHIOBWC or 1-800-644-6292.

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