News and Updates
Category: Workers\\\\\\\' Comp
Catastrophic Safety Services
We’ve been collecting testimonials from a few clients lately, and one of them spoke about how our safety team responded to a stressful situation in a way that gave him a lot less to worry about. HR Associates Personnel Service in Piqua, Ohio began working with Spooner as their TPA over ten years ago. Soon after our partnership began, an employee tragically suffered a heart attack while driving a forklift - and right away, Spooner sprang into action. We provided an investigation, followed by a comprehensive study with photos of the worksite. Steve Risner, Vice President of HR Associates, told us that “having piece-of-mind on that day spoke volumes about the integrity of Spooner’s team.” When catastrophic events happen in the workplace, management shifts into high gear to respond. Incidents like amputations, forklift accidents, fatalities, and personal illnesses that manifest at work are examples of catastrophic events that could lead to OSHA and VSSR issues. Spooner’s safety professionals can support your management team in these crisis situations by conducting thorough incident investigations to identify the root cause, and creating plans for preventive actions going forward. Catastrophic events require a swift and proactive response, so we urge you to contact us as soon as these events occur, so we can provide best
The Future of the Voluntary Abandonment Defense Remains Unclear
A recent House Bill made changes to Revised Code (R.C.) 4123.56, which became effective in September 2022. This part of the R.C. clarifies eligibility for Temporary Total Disability (TTD) compensation in workers’ comp claims. It was meant to provide clarity following the decades of case law that had complicated the “voluntary abandonment” defense often used by employers when a claimant takes voluntary action to end their employment. While the statute reads clearly enough, the changes resulted in ambiguity due to lack of detail. Ohio BWC or the Industrial Commission will often issue a clarification following such changes – but that didn’t happen this time. On March 2, 2023, the Tenth District Court of Appeals in Columbus issued a decision in State ex rel. Autozone Stores, Inc. v. Industrial Commission that could have a broad impact for Ohio employers. This was the first time an appellate court weighed in on the application of 4123.56(F) in a TTD claim, and it wasn’t a favorable ruling for businesses. Essentially, the ruling allowed the claimant to continue collecting TTD even though they were able to work with restrictions (for a different employer). The potential impact of this decision could hold employers hostage with no defense in TTD claims, driving up both EMRs and premiums for Ohio businesses. If you’d like to read more about the case surrounding this and its implications, click
Safety Council Program Update
Ohio BWC’s Safety Council Rebate Program will remain suspended for the 2021 policy year (7/1/21-6/30/22). While many safety councils are still hosting web-based meetings each month, no rebates will be paid. This means attendance is not mandatory, but Spooner still urges its clients to participate in safety council events to stay educated and use the info to help reduce incidents. • All meetings will continue to be virtual • There will be no semi-annual reports collected in 2021 • BWC will host two virtual statewide safety council meetings • No rebates will be paid While the Safety Council Rebate is unavailable in the coming year, there are other cost-saving programs available through BWC that may be worth exploring. Substance Use Recovery and Workplace Safety Program – A reimbursement program for substance use policy development, training and drug testing (currently available in participating counties but soon to rollout statewide) Better You, Better Ohio! – A health and wellness program where employees can earn incentives Policy Activity Rebate (PAR) - A customizable plan that allows employers to earn a rebate. Employers enrolled in Group Rating, Group Retro, Individual Retro and Deductible program are not eligible for
