News and Updates
Month: March 2024
New Ruling on MMI to Impact TTD Termination
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
SUR Program Provides Additional Program Funding for Employers
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
OH | ID Login Transition with BWC
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
Drug Free Safety Reporting Deadline March 29
Employers participating in Ohio BWC’s Drug-Free Safety Program (Basic or Advanced) or a Comparable Program will need to submit their required reports by Friday, March 29. Keep in mind, this is the same week as Ohio Safety Congress – so it’s best to make sure your DFSP reporting is submitted before you leave for OSC. The report and instructions for Basic and Advanced participants can be found online here, and the report and instructions for Comparable-Level participants can be found online here. Your report also serves as an application for the next program year. If you have additional questions or concerns about this reporting, or need a resource for training, please reach out to your Client Services Manager at Spooner Inc., or email
Columbus Bans Inquiries on Applicant Salary History
As of March 1st, 2024, Columbus employers can no longer inquire about the salary history of job applicants. The city is jumping on the bandwagon with Cincinnati and Toledo, who have instituted similar bans over the last few years. The rule applies to employers with 15 or more employees in the City of Columbus. The goal of the move is to bolster pay equity, and will also apply to “agents” of employers, such as staffing agencies or recruiters. This kind of ordinance isn’t considered new or groundbreaking. Fifteen states and several major cities have implemented bans on salary history inquiries from prospective employers. Employers who are found in violation of this new rule may be subject to civil penalties between $1000 to $5000. The full verbiage of the measure can be found here, and Roetzel & Andress also has as easy-to-digest rundown on it
