Workers' Compensation Reform Bills

SB 7 – sponsored by Sen. Gary Cates (R-West Chester)

The provisions in SB 7, if enacted, would:

•	Designate BWC's Special Investigations Unit (SIU) as a "criminal justice agency."
•	Eliminate Qualified Health Plan reporting.
•	Equalize Temporary Total (TT) and Living Maintenance (LM) benefits.
•	Exempt injured worker’s home address and phone number from public record.
•	Increase fines and penalties for employer lapse in workers' compensation coverage.
•	Permit the BWC Administrator (instead of the Self-Insured Evaluation Board) to add penalties and fines to a self-insured employer for late payment of assessments.
•	Permit Administrator (instead of the Self-Insured Evaluation Board) to assess fines for self-insured employer violations.
•	Permit cross match of BWC data with Department of Taxation.
•	Permit recoupment of Temporary Total Disability (TTD) paid pending a Maximum Medical Improvement (MMI) hearing before the IC.
•	Permit the Administrator to require electronic funds transfers (EFT) for payment of fees, benefits, etc.
•	Prohibit county prisoners from receiving benefits (matching federal and state policy).
•	Provide for a set-off for dual benefits from both Ohio workers' compensation and federal EEOICPA benefits.
•	Require employers to show proof of certificate of coverage to obtain a building permit.
•	Revise finger numbering in ORC Section 4123.57 to conform to current medical standards.
•	Streamline alternative dispute resolution process (ADR) where there are binding treatment guidelines.
•	Reduce the "gap" between the termination of Temporary Total Disability (TTD) benefits and Permanent Partial Disability (PPD) benefits.
•	Strengthen medical/provider fraud statute.
•	Allow employment for those with traumatic brain injury on Permanent Total Disability (PTD).
•	Strengthen employer fraud statute.
•	Allow settlements outside the experience period without employer sign-off.
•	Codify the "Fast Response" pilot project.
•	Create a no-interest loan fund for long-term care facilities to purchase "no-lift" safety equipment.
•	Make rape or sexual assault at the workplace a compensable injury.
•	Transfer two workplace safety programs from the Department of Commerce to BWC.
n	Require an injured worker to demonstrate "substantial" aggravation of a pre-existing injury rather than mere aggravation before receiving additional benefits.
n	Eliminate claimant's automatic right to dismiss an employer's appeal.
n	Eliminate Stephenson factors (i.e. age, education, work experience, etc) from consideration when determining Permanent Total Disability awards.
n	Reduce the number of weeks a claimant can collect "non-working wage loss" benefits.
n	Reduce the statute of repose for workers' compensation claims.
n	Eliminate non-medical disability factors when determining percent of Permanent Partial Disability awards.
n	Clarify the requirement for statutory permanent total disability.
n	Limit payment of multiple awards for loss of use where there are death benefits resulting from the same injury causing death.