WHAT’S NEW IN OHIO WC? (JULY 2011)
IC CHANGES RULES FOR FILING 6/22/2011
The IC has issued some new filing guidelines for document filing with both the BWC and the IC.
Contested Issues:
- It is no longer necessary to file documents with the BWC and the IC as these are exchanged between the two agencies;
- Documents for hearing review should be submitted to the IC;
- Claim number needs to be listed on the first page of each document; submitting documents already on file;
- Documents submitted one day prior to the hearing will be held for the hearing officer’s review and then imaged post-hearing;
- All continuances and cancellations should be submitted to the IC;
- IC is using automatic form recognition so use BWC/IC forms only where available;
- “Entire Document Split” means that the documents previously scanned have been scanned and indexed.
Bottom line, vigilance in maintaining copies of documents filed continues. Electronic files are only as good as your scanner and indexer. Best practice is to maintain copies of documents that you can readily supply to the hearing officers.
TRANSITIONAL LIGHT DUTY PROGRAMS – ARE YOU ADA COMPLIANT?
It’s not just injured workers that need to be accomodated in transitional duty. The EEOC filed a complaint against SUPERVALU Inc. alleging that the company violated the Americans with Disabilities Act by maintaining a policy and practice of terminating employees with disabilities at the end of medical leaves of absence rather than bringing them back to work with reasonable accomodations.
The case was thereafter resolved with SUPERVALU agreeing to provide a fund in the amount of $3.2 million dollars to provide for approximately 110 individuals and training of employees on the requirements of the ADA and on the types of accommodations that are available to return employees to the workplace.
Although this was a settlement, it does speak to how employers should be conducting their transitional
light duty programs and they should not be limited to injured workers only. From a practical standpoint, the employer can control the program by limiting the number of transitional duty positions available at any given time.