• Settlement of state fund claims can no longer be objected to by the state fund employer if both of the follow- ing apply: (a) the employee is no longer employed with the employer and (b) the claim is no longer within the date of impact for the employer’s experience rating.
• In certain circumstances, expands the time you have to appeal an In- dustrial Commission decision from 60 days to 150 days for claims pending on or arising after September 29, 2017.
• Increases the maximum amount of reimbursable funeral expenses in death claims from $5,500 to $7,500.
• The Industrial Commission may now invoke continuing juris- diction from within five years from the date medical services were provided or services rendered, rather than the date of payment. The change will apply to all claims occurring on or after July 1, 2020.
• While testing of peace officers, firefighters, emergency medi- cal workers, and corrections officers exposed to blood and bodily fluids on the job is already covered by workers’ comp, H.B. 81 expands that coverage. Beginning September 15, 2020, ORC 4123.026 extends payments of post-exposure test- ing to employees of detention centers and includes exposure to drugs or other chemical substances.
H.B. 81: CHANGES WITH “VOLUNTARY ABANDONMENT” In addition to the changes listed above, H.B. 81 also has
reframed the conversation around whether a claimant has “volun- tarily abandoned” his or her job. Prior to this recent decision, the voluntary abandonment case law offered an option to stop disability benefits (temporary total compensation “TT” and permanent total compensation “PTD”) if a claimant retired, quit or was terminated due to violation of a known work policy. The new legislation removes language surrounding “voluntary
abandonment” and instead replaces it with a general guideline that PTD (ORC 4123.58) and TT (ORC 4123.56) may not be payable if the claimant “is not working for reasons unrelated to the allowed injury or occupational disease”. This applies to all claims pending on and arising after 9/15/2020. What does this mean for an employer? While voluntary aban-
donment language has been removed from ORC 4123.56 and ORC 4123.58, the discussion will now focus on whether the claimant’s disability is related to the allowed conditions. This leaves the question of “voluntary abandonment” up in the air until this new legislation is tested and applied to real world Industrial Commission hearing determinations. This will give us guidance on how the Industrial Commission intends to interpret and apply this statute. In short, this legislation change is being closely watched by all
parties participating in the workers’ compensation system. Attorneys for both sides of the conversation will provide recommendations and guidance as we navigate this change.
UPCOMING OHIO BWC VIRTUAL CLASSES BWC will be offering a small number of live, interactive, half-
day and full-day classes virtually during the COVID-19 pandemic. All classroom classes have been cancelled for 2020, and classroom
24 NOVEMBER 2020 8
cancellations will likely extend to most of the fiscal year ending June 2021. Virtual training will provide an opportunity for students to learn remotely, while still ensuring the safety of Ohio employers. All credits associated with a training class scheduled at a physical location will also be provided to any virtual training classes. How to register: Visit the BWC
Learning Center at
www.bwclearningcen-
ter.com. Enroll as normal to any course
that has a section listed as virtual. You will be contacted by email 2-3 days before training and invited to a WebEx training event if registration and email are correct. More details and a URL will be provided at this time, along with a confirmation of intention of at- tendance. HAVE ANY QUESTIONS OR ISSUES? CONTACT:
dshcc@bwc.state.oh.us
BWC ONLINE E-COURSES AVAILABLE ANYTIME Another option for employers to fulfil the two-hour safety
training requirement is to complete online e-courses via the BWC’s Learning Center. Your online training MUST total 2 hours in order for your 2020 policy year Group/Group Retro safety training require- ment to be met. For a complete list of BWC Learning Center online e-courses, go to: BWC Learning Center Login NOTE: Certifi- cates of Completion should either be emailed to twohourtraining@
careworkscomp.com or faxed to (614) 495-5200 so that CareWorks Comp may track the fulfillment of this requirement.
UNIQUE “FOR CREDIT” BWC WEBINARS COMING UP The Ohio BWC is hosting unique and helpful webinars in the
months to come. For more information, go to the Division of Safety & Hygiene-Ohio BWC Learning Management System website at
www.bwclearningcenter.com. Login or create a new account and click on Catalog Webinars (For Credit) on the Home Page. The following are the webinars planned for October, November, and December 2020: • Drones: Safety Tools in the Sky. October 7, 2020 from 10:30am – 11:30am
• What Would You Do? Can We Rely on Common Sense. November 10, 2020 from 1:30pm – 2:30pm
• Need Help with Environmental Regulations? December 3, 2020 from 1:30pm – 2:30pm
To receive one hour of online training credit for BWC Programs, provide a BWC policy number during registration.
OHIO BWC – BETTER YOU, BETTER OHIO! WEBINARS FOR EMPLOYERS The BWC is offering Better You, Better Ohio!® – a program
that provides health and wellness resources and services to workers who work for small employers (150 or fewer workers) in certain industries. The program is designed to help both workers and their employers at no cost and through a simple, paperless process. The BWC is holding two 30-minute webinars in October and you can register here (click on the link) - Better You Better Ohio – Wednesday October 14, 2020 10:00 AM EDT or Better You Bet- ter Ohio – Tuesday October 27, 2020 1:00 PM EDT to learn how your employees can get healthier and be eligible for up to $175 in financial incentives.
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