Injured workers in Ohio are eligible for wage loss benefits when the allowed conditions in the claim prevent the injured worker from returning to his/her former position of employment, and there is a loss in wages as a result of the inability to return to that former position of employment. There are two distinct types of wage loss in Ohio: working wage loss and non-working wage loss. Each carries with it certain requirements that must be met by the injured worker to be eligible for those benefits.
On February 13, 2014, several important revisions to the wage loss rule became effective. There were major changes to the job search requirements. Specifically, the new rule modifies when an injured worker seeking or receiving “working wage loss” is not required to undertake a job search. First, the BWC, IC, or self-insuring employer may excuse the requirement of job search statements.
Second, injured workers seeking working wage loss no longer need to register with the Ohio Dept. of Job and Family Services. Thirdly, under two situations, injured workers do not need to perform a job search: (1) when the injured worker qualified for temporary total disability compensation and has returned to alternative employment with the same employer or (2) when an injured worker must miss work to obtain treatment for an allowed condition, which he/she cannot obtain outside of work hours. For the wage loss treatment scenario, the injured worker must provide the following documentation:
- The treatment was medically necessary for the injured worker to perform their job;
- The injured worker could not continue to work full time without the treatment; and
- The treatment was available only during the injured worker's hours of employment.
Additionally injured workers are now required to provide the following additional information for on-line job searches: (1) a copy of the on-line posting, (2) verification of application submission, (3) the result of the contact, any (4) any other information requested by the BWC job search statement.
Hearing officers may now consider additional factors when evaluating whether an injured worker made a “good faith effort” in their job search. These factors include an injured worker’s skills, prior employment, education, and internet and e-mail contact. For “non-working wage loss”, the injured worker’s work restrictions may be considered to determine the appropriate amount of time devoted to making prospective employer contacts. When determining whether the injured worker failed to accept a good faith offer of suitable employment, the adjudicator may consider relocation and shift times.
Finally, the rule modified the requirements for medical reports documenting the inability to return to the former position of employment. Temporary restrictions cannot be certified for more than 90 days without a new examination of the injured worker. A report in support of permanent restrictions must be based on an examination or treatment conducted within the 90 day period before the initial date of wage loss compensation requested on the application for wage loss compensation. As to supplemental medical reports regarding permanent restrictions, the injured worker is no longer required to automatically obtain such reports every 180 days. The new rule allows the BWC or self-insuring employer to request supplemental medical reports once during every 180 days after the initial filing; however, it is no longer an outright requirement to automatically update permanent restrictions every 180-days.
Overall, the changes to the wage loss rule will require better record keeping by injured workers who are performing on-line job searches. Employers should familiarize themselves with the new online requirements and mandate that injured workers comply with these minimum search requirements. Likewise, it will require injured workers to “prove” they must miss work to obtain medical treatment by establishing the treatment is necessary for them to perform their job, work full time, and is only available during their hours of employment. If you would like a copy of the new rule or would like to further discuss the changes to the wage loss rules, please contact a member of our Workers’ Compensation Practice Group.
