Posted By Brandy King
March 22, 2024 Category: Ohio Bwc, Ohio Supreme Court, Workers' Comp, TTD, MMI, Temporary Total, Disability Comepnsation

Earlier in March, the Ohio Supreme Court made a decision regarding Temporary Total Disability (TTD) that overrules a 25 year precedent set by another interpretation. In State ex rel. Dillon v Industrial Commission, the court ruled that an Ohio employer may request termination of a claimant’s TTD from the date an independent medical examination (IME) renders that claimant MMI, or Maximum Medical Improvement. MMI is the point in recovery where the claimant’s condition has stabilized, and any notable improvements going forward are unlikely.  Ohio employers can now request that TTD payments are stopped on the date that MMI is determined by a medical provider, without waiting for the next Industrial Commission hearing that could be up to 60 days away. This case also sets a precedent that claimants are no longer eligible for continuing TTD payouts once they’ve reached MMI status. That means self-insured employers (and BWC) will have the ability to recover compensation overpayments that may have occurred after MMI was determined.  Our friends at Roetzel & Andress have put together a more detailed explanation. If you have questions about how this this may impact your current, open claims, please reach out to your

Posted By Brandy King
March 22, 2024 Category: Ohio Bwc, Substance Use Recovery, Funding

We talked about this program a few months ago, and wanted to share it again since we’ve seen renewed interest from Spooner clients. Ohio BWC’s Substance Use Recovery and Workplace Safety Program provides additional funding for employers to effectively manage substance use in the workplace, especially for companies open to employing those in recovery from substance abuse.  Ohio employers can be reimbursed up to a maximum of $5000 annually. Policy development and testing expenses do have some limits within the $5000, but employers can spend the entire $5000 on training if desired. This isn’t reserved for Ohio BWC Drug Free Safety Program participants – any state fund employer can take advantage of this program. While there are a few rules in place and some ineligible expenses, this program is simple to participate in and use. The biggest exception is that drug test reimbursement is limited to employers with a “second chance policy.” Each category of reimbursement can be used individually, meaning that employers can still take advantage of the training and policy development reimbursements, even if they aren’t comfortable with a second chance

Posted By Brandy King
March 22, 2024 Category: Ohio BWC, BWC Login, OH ID

Ohio employers have begun seeing the option to log in to their BWC accounts with their OH|ID username and password.  For the next couple of months, you’ll still be able to use your existing Ohio BWC site login. At some point prior to the upcoming 2024-2025 BWC policy year, employers will only have the option to login via OH|ID.    If your company already has an OH|ID set up, you’re a step ahead and will simply need to merge the accounts when prompted.  If not, we’d suggest getting it done as soon as possible. You can find more information on the upcoming change here, including links to video instructions on the right hand

Posted By Brandy King
February 22, 2024 Category: Ohio BWC, BWC Update, OHID Login, BWC Rate Reduction 2024

Ohio BWC Rate Reduction for PY 2024-25 Approved Following a rate reduction for public Ohio employers that went into effect January 1, 2024 – Ohio BWC has approved another rate reduction for private employers. Governor DeWine and the administrators at Ohio Bureau of Workers’ Compensation asked their board to approve a 7% rate decrease, which they approved on February 23rd, 2024. Those rates will become effective on July 1, 2024, at the start of the new policy year. BWC will collect roughly $67 million less in premiums from Ohio employers over the course of the policy year.   As we’ve mentioned before, it’s important to note that a 7% rate reduction is not literal – it “represents a statewide average” reduction. What that means for employers is that some rates may go down…but it’s also possible for some to go up. Spooner clients will be notified of any rate changes at their annual renewal. If you’re not a Spooner client and your TPA isn’t reviewing your anticipated rate changes with you, we’re happy to help you understand the potential impact on your premiums. Just complete our online AC-3 form and someone will reach out to you right away.  Ohio Employers Will Soon Transition to OH|ID Logins for BWC Website Around the end of February, Ohio employers may see the option to log in to their BWC accounts with their OH|ID username and password.  For the next couple of months, you’ll st

Posted By Brandy King
January 17, 2024 Category: DOL, Independent Contractors, Ohio Bwc, Workers' Comp

Who’s Really an Independent Contractor? DOL Finalizes New Rule Clarifying Classification Earlier this month, the U.S. Department of Labor (DOL) finalized its rules regarding classification of independent contractors. The organization hadn’t previously defined this by regulations, only by guidelines (which are as clear as OSHA “best practices”).  The updated rule creates a six-factor “economic realities” test to determine whether or not a worker is truly an independent contractor under the Fair Labor Standards Act (FLSA). Among others, the test includes factors such as degree of permanence, amount of control the employer holds, and the worker’s skills.   Since Ohio employers aren’t required to cover 1099 employees under their BWC policy, we have a lot of discussions with clients about whether or not a worker actually meets the qualifications of being an independent contractor. Understanding these qualifications is not only important for insurance purposes, but also for recordkeeping, and the application of minimum wage and overtime rules.  Our friends at Roetzel & Andress have done a great job of explaining this new classification rule in a way that’s easy to digest and understand, so we’re deferring to their recent update for the details.  For more info on how independent contractors can impact your Ohio BWC policy, check out this blog.  This goes into effect March 11

Posted By Brandy King
December 18, 2023 Category: Ohio Bwc, Bwc Update, Group Retro, Transitional Work, Ohio Bwc EM Cap, Drug Free Safety Program

Ohio Bureau of Workers’ Compensation will be rolling out several changes that will impact Ohio employers in 2024. We mentioned back in August that the way base rates are structured may be changing, which BWC has confirmed. It’s uncertain how this will impact the end premiums, but no big swings are anticipated. We’ll be keeping our clients informed about any major changes.  The following rating elements will also be changing, with the potential to impact future premiums:  •    Deductible Factors •    Individual Retro – minimum premium factors •    Group Retro - loss development factors •    Premium Size Credit – ranges and factors This is also a “wait and see” situation, as we don’t yet know exactly what changes BWC plans on making to these elements.  Certificates of coverage will look different next year as well. They’ll now also list the employer’s MCO, any additional insureds, officers, who is eligible for elective coverage (such as owners), and NCCI codes and descriptions, in addition to the company’s address.  As of now, if employers need to make a minor change or correct an error in a company’s policy name, they had to complete a specific form and fax or mail that form back to BWC. The only way this process could be made slower would be by carrier pigeon. Luckily, they’ve stepped int

Posted By Brandy King
August 25, 2023 Category: ohio bwc, workers comp, group retro, safety council, 2024 py

Ohio BWC will be making some changes for the 2024 policy year (beginning 7/1/24), some of which may have a small advantage for certain policyholders.  Employers will still be subsidizing BWC’s administrative fund as they always have, but House Budget Bill 31 will change how the money is accounted for. Right now, state fund employers are paying base rates plus 29.01%, and that percentage is an administrative fee that goes into the fund. In the future, the admin fee will be fully baked into the base rates, resulting in rates that are roughly 20% higher. All told, employers shouldn’t see a huge difference in amounts paid to BWC. This will apply to both public and private employers, beginning on their respective 2024 policy year start dates.   Another change will allow for potentially better refunds from post-policy year savings programs, like Group Retro, Safety Council, etc. In prior years, those rebates were calculated based on a percentage of “standard premium” – in other words, premiums before BWC’s 29% admin fee was tacked on. If an employer paid $50,000 in annual premium to BWC, only $35,500 if it was counted as premium that they’d be rebated on. Program credits and refunds will begin using full premium in 2024, instead of peeling off the administrative portion of premium when calculating refunds and credits.  The premium dollars going into Retro consortiums will still exclude Premium Size Factor Reductions. T

Posted By Brandy King
July 20, 2023 Category: ohio bwc, true up, payroll, bwc premiums, BWC reporting

BWC’s True Up window began on July 1, 2023 and will run through August 15, 2023. This is a process required by Ohio BWC at the end of each policy year, where your premiums based on projected payroll for the previous policy year are balanced with premiums based on your actual payroll over the past year. Compliance with both the reporting and payment of any balances affects your company’s eligibility for most savings programs (like Group and Group Retro). If your actual payroll was higher than projected, you’ll be expected to pay that balance to Ohio BWC no later than August 15th. If you are unable to pay the lump sum at that time, please note that any future premium installments will first be applied to your delinquent True Up Balance before being applied to your premium installments. Payment plans for True Up balances are only available through the Ohio Attorney General’s office following an application process.  If this year’s True Up caught you by surprise, next year consider running a mock report in May or June to help your company prepare for any balance that may be owed. The payroll classifications and totals reported this summer will be used to determine your 2024 policy year premiums. For the 2023 policy year that just began, BWC will be using payroll projections based on your True Up from July 2022. Adjustments to your estimated payroll can also be made throughout the year by contacting BWC at 1-800-644-6292. Spooner clients are

Posted By Brandy King
July 20, 2023 Category: Ohio Workers Comp, Ohio Bwc, Ohio Tpa, Claims Management, Group Rating, Group Retro, PEO

Even though the 2023 BWC policy year just started, we’re already looking ahead to 2024 Group Rating and Group Retro programs. It can be hard to feel like a savvy buyer when it comes to workers’ comp in Ohio, but Spooner would like to share some pointers for how to understand the timeline and choose the best partner.   If you’re thinking of changing your partner for Group Rating or Group Retro, be sure not to complete the renewal that your current TPA sends this summer. Most employers don’t realize that cutting a check for a renewal in summer of 2023 will obligate them to their current TPA through June of 2025. Make sure your accounting team is aware of this, too. We’ve seen too many unhappy customers of other TPAs get trapped this way.  Are you under the impression that because you’re a member of XYZ Chamber of Commerce, you have to utilize their partner for workers’ comp programs? Not the case. The sponsoring organization frames it that way because there’s money on the table. For example, if you are an XYZ Chamber member (who happens to be partnered with a specific TPA) and you want to leave that TPA, XYZ Chamber makes less money. Naturally, they want you to stay with their TPA and may even advise you can’t get that discount outside of their partnership. This is patently false. Most TPAs have access to all of the same Group Rating and Group Retro programs for all industries, and the sponsoring orga

Posted By Brandy King
May 12, 2023 Category: Mco Open Enrollment, Ohio Mco, Best Ohio Mco, Top Managed Care, Ohio Bwc, Workers Compensation

Many of you know that every two years in May, MCO Open Enrollment occurs. This is the time that Ohio employers can choose the Managed Care Organization (MCO) they’ll work with for the next two years, and beyond.  If you’re reading this and Spooner Medical Administrators, Inc. (SMAI) isn’t your MCO, now’s the time to move on possibly the best business decision you’ll make this year. Especially if you work with Spooner Inc. as your TPA, having SMAI as your MCO really opens the lines of communication between both parties. SMAI's team is ready to schedule a call, Zoom, or in-person meeting with you anytime through May 26. Click here to send them a message, or give them a call.  Remember, MCO Open Enrollment only comes around every two years and only lasts four weeks. If you’re on the fence, it may be time to take a chance. Switching MCOs costs nothing, but when claims are managed poorly from a medical perspective - you’ll feel the sting down the road in your BWC premiums. Additionally, bi-weekly management calls and customizable reports can help you feel like you’re never out of the loop with what’s happening in your claims. Speaking of staying informed - SMAI's proprietary web-based software allows you create and run customized reports 24/7, report a claim at any hour, search in-network providers, and even create multiple  company logins with different restrictions and a