workerscompbiz.com

If a claim occurs during a period of time when the employer did not pay its premiums, or if a claim occurs and an employer does not have Ohio workers’ comp coverage, the claim is called a “non-compliance” claim, because the employer has not complied with the law that states all Ohio employers must have workers’ comp coverage for their employees.

The BWC pays the claim costs and then bills the employer for those costs.  If the employer does not pay the bills, the Ohio Attorney General places a lien on the business, which has to be paid before the business can be sold.  Some supplier agreements forbid a company to have liens placed against it.

When an employer has coverage, the initial five years of claim costs are spread out over four years of premiums, and any subsequent claim costs are paid out of the surplus fund. 

The costs for non-compliance claims are billed back to the employer for the life of the claim.  If the injury is severe and the claimant is awarded compensation, the employer pays those costs, too.

The rules for prescription drug payments specifically mention infertility drugs when they are included as part of a comprehensive plan.

What is the rationale for this? Is there case law?

Will the BWC also pay for prenatal, delivery and post partum services when the drugs work? Will the BWC pay adoption fees if the infertility drugs don’t work? If the claimant is collecting TT compensation, the employer will be paying for the claimant to have and raise children. The claimant is unable to work, but can raise children?