check issuance, delivery and endorsement.
Definition of claimant.
As used in this rule the word "claimant" shall apply to an
employee who sustained an injury or contracted an occupational disease in the
course of and arising out of employment, to the dependent of a deceased
employee, as well as to any person who was awarded compensation under the Ohio
Workers' Compensation Act.
Time limit for issuance.
(a) Any order, finding or decision of the
bureau, the industrial commission, or its hearing officers wherein payment of
compensation is to be made shall be promptly forwarded to the appropriate
department of the bureau charged with the duty of making the payment, or in the
case of a selfinsuring employer to the personnel of such employer charged with
the disbursement of funds in industrial claims.
(b) The initial payment of the bureau in
payment of compensation under an order shall be issued within the time limits
set forth in division (H) of section
of the Revised Code. The payment will include compensation accrued and due the
claimant at that time. Further payment of compensation due under that order
shall be made by the bureau in biweekly installments. In self-insuring
employers' claims payment will be made in accordance with applicable laws and
To whom paid.
(a) Awards of compensation shall be made
payable only to the claimant as defined in paragraph (A)(1) of this rule,
except in cases of lump sum advancements, or where the claimant is an
incompetent person or is a minor awarded a lump sum of compensation, or in the
case of attorneys fees as provided in paragraph (A)(7) of this rule.
(b) If the claimant is an incompetent person,
payment shall be issued payable and shall be mailed to the claimant's legally
appointed guardian upon the receipt of documentary proof establishing the
existence of such guardianship.
If the claimant is a minor and was awarded a lump sum of compensation, such sum
shall be paid to the claimant's legally appointed guardian or in accordance
of the Revised Code.
(d) If the
bureau or the industrial commission determines that it is to the best interest
of the claimant that a guardian of the property be appointed to receive the
benefits payable, payment shall be withheld until such guardian is
of the bureau's payment to claimant and exceptions.
The standard method of delivering payment to a claimant or
benefit recipient shall be by electronic fund transfer, as provided in
paragraph (D) of this rule. Where the bureau issues a check, the bureau's
checks payable to a claimant shall be mailed to the claimant's address, as
officially recorded in the claim file, except as provided in this
(a) The mailing of the
bureau's compensation check to a place requested by the claimant in an
authorization to receive workers' compensation payment or equivalent, executed
in accordance with paragraph (A)(5) of this rule, must be approved by the
administrator or the administrator's designee, or by the industrial commission
(b) Checks for lump
sum settlements or lump sum advancements shall be disbursed in accordance with
instructions of the bureau or industrial commission, as indicated in the order
approving such advancements.
cases of advancements made by the employer during a period of disability, the
bureau's checks shall be delivered in accordance with rule
of the Administrative Code.
Personal pick-up of the bureau's checks
by a claimant and/or by parties other than a claimant.
(a) Provided approval has been given by a
member of the industrial commission or designee, the administrator of the
bureau of workers' compensation or the administrator's designee, or a hearing
officer, a claimant, an attorney for a claimant, or any other person authorized
by a claimant, may pickup a compensation check issued by the bureau.
(b) When a claimant authorizes another person
to pick up the claimant's compensation check, the authorization shall be an
authorization to receive workers' compensation payment or equivalent. On all
types of compensation, other than percentage of permanent partial compensation,
the authorization must be filed prior to or at the hearing, or prior to the
date of payment of the award of compensation, whether the award of compensation
was made at a hearing or without a hearing. For authorization to receive
compensation checks in connection with permanent partial disability
applications and applications for increases thereof, the authorization must be
filed with the application, with the agreement of permanent partial disability,
with the election, or with the industrial commission at formal hearing or not
later than prior to the date of mailing of the findings resulting from the
(c) The warrant
will be made payable to the claimant and sent in care of the
attorney/representative identified on the authorization to receive workers'
compensation payment or equivalent. The warrant shall be mailed to the address
that the claimant indicated on the request, or at a place designated by the
(d) A person
authorized to pick-up the check at the bureau shall furnish adequate
identification and sign a dated receipt verifying acceptance of the
(e) In self-insuring
employers' claims, the claimant and the employer may agree on check delivery or
pick-up, such agreement to be based on the same principles as outlined in this
checks and procedure in the event of claimant's death.
authorization to receive workers' compensation payment or equivalent allowing
an attorney or an employee of an attorney to cash or endorse a check on behalf
of the claimant is prohibited.
Checks payable to
claimant's guardian must be endorsed by said
guardian in the guardian's official capacity.
When a claimant dies prior to endorsing a
compensation check or accessing an electronic benefit payment, no one has the
right to endorse and cash such check or access the electronic benefit funds.
Each check payable to a claimant shall bear on the reverse side, immediately
above the point specified for endorsement, the standard printed certification
explaining the limitations and penalties for false endorsements, as required by
the department of administrative services for state warrants and checks.
Checks that cannot be endorsed because the claimant is deceased
must be returned to the bureau's benefits payable section, at the address
designated by the administrator, by the party handling the claimant's affairs,
notifying the bureau of the date of death, if known. Upon receipt of
information of claimant's death, payment of compensation shall be terminated
and proper entry made in the records of the bureau.
Procedure for a lump sum
payment and attorney fees where the claimant is an obligor for child support
(a) If a claimant is entitled to a
lump sum payment of one hundred and fifty dollars or greater and the claimant
is an obligor for child support payments, prior to issuing the lump sum
payment, the bureau shall notify the claimant and the claimant's attorney in
writing that the claimant is subject to a support order. The bureau shall hold
the lump sum payment for thirty days, pending application by the attorney for
attorney fees as provided in paragraph (A)(7)(b) of this rule.
The bureau shall instruct the claimant's
attorney in writing to file a copy of the fee agreement signed by the claimant,
along with an affidavit signed by the attorney setting forth the amount of the
attorney's fee with respect to that lump sum payment award to the claimant and
the amount of all necessary expenses, along with documentation of those
expenses, incurred by the attorney with respect to obtaining that lump sum
award. The attorney shall file the fee agreement and affidavit with the bureau
within thirty days after the date the bureau sends the notice under paragraph
(A)(7)(a) of this rule.
(i) The attorney shall
file a copy of the fee agreement that clearly establishes the fee for the lump
sum payment in the claim. The attorney's failure to file a copy of the fee
agreement shall be a reason for the bureau to reject the application.
(ii) The attorney shall file an affidavit in
the form provided by the bureau. The attorney may complete the affidavit on the
form provided by the bureau or in an affidavit that contains at least all of
the elements of the form established by the bureau. The affidavit shall be
notarized. The attorney's failure to file an affidavit in the form proscribed
by the bureau or failure to obtain a notary signature shall be a reason for the
bureau to reject the application.
(iii) The attorney fee shall be limited to
the fee for obtaining the specific lump sum payment that is the subject of the
bureau notice provided in paragraph (A)(7)(a) of this rule. The attorney fee
shall be limited to the written fee agreement of the initial lump sum payment
of the award. The bureau will reject a fee application that includes fees from
awards other than the subject lump sum payment or that request a fee from
future payments of the award after the lump sum payment.
(iv) If the attorney claims reimbursement for
expenses in the affidavit, the expenses shall be limited to the expenses for
obtaining the specific lump sum payment that is the subject of the bureau
notice provided in paragraph (A)(7)(a) of this rule. The attorney shall provide
itemized expenses and documentation to support the expenses. If the attorney
fails to provide the required information on expenses, the bureau may reject
that portion of the fee application, but shall process the attorney fee portion
of the application.
(v) Where the
bureau has paid the attorney fee under paragraph (A)(7)(c) of this rule, the
bureau will not honor an authorization to receive workers' compensation payment
or equivalent for that award under paragraph (A)(5) of this rule, except in
cases of court settlement of the workers' compensation claim.
(vi) Before rejecting an attorney fee
affidavit or fee agreement due to noncompliance with any part of this rule, the
bureau shall notify the attorney of the noncompliance and provide the attorney
an opportunity to submit additional information during the thirty day hold
period provided in paragraph (A)(7)(a) of this rule.
(c) Upon receipt of the fee agreement and
attorney affidavit, the bureau shall review the affidavit as provided in this
rule. If the affidavit complies with this rule, the bureau shall deduct from
the lump sum payment the amount of the attorney's fee and necessary expenses
and pay that amount directly to and solely in the name of the attorney within
fourteen days after the fee agreement and attorney affidavit have been filed
with the bureau.
deducting any attorney's fee and necessary expenses, if the lump sum payment is
one hundred fifty dollars or more, the bureau shall hold the balance of the
lump sum award in accordance with division (A)(11) of section
of the Revised Code.
Rules for self-insuring employers.
Self-insuring employers shall make payment of compensation and
benefits within the time as required by law and rules of the bureau.
(1) It is the duty of the employer to pay, in
accordance with the act, the amount of compensation due a claimant whose injury
or occupational disease has resulted in more than seven days lost time. Payment
shall be made in the manner provided by law and the rules of the
(2) It is the duty of the
employer to pay for necessary medical services rendered by health care
providers as a result of an injury or occupational disease for which a claim
was recognized by the employer or allowed by the industrial
(3) It is the duty of
the employer to pay the amount of compensation and/or benefits due in a
compensable death case, and to make payment to the proper dependents or to such
other persons who may be entitled thereto in accordance with the governing
statutes and the orders and rules of the bureau. In the event death is the
result of a compensable injury or occupational disease, the employer shall also
pay the funeral allowance provided by statute at the time of death.
(4) All awards made by self-insuring
employers must be at least equal to the amounts specified in the applicable
statutes, the rules of the bureau and the industrial commission.
(5) Self-insuring employers shall follow the
procedures in paragraph (A)(7) of this rule relating to a lump sum payment and
attorney fees where the claimant is an obligor for child support
payment of compensation and benefits.
Pursuant to section
of the Revised Code, this rule describes the bureau's program of electronic
(a) Utilize direct deposit of
funds by electronic transfer for disbursements the administrator is authorized
(b) Require a payee to
provide a written authorization designating a financial institution and an
account number to which a payment may be made;
(c) Contract with an agent to supply debit
cards for claimants to access payments made to them and credit the debit cards
with the amounts specified by the administrator by utilizing direct deposit of
funds by electronic transfer;
Enter into agreements with financial institutions to credit the debit cards
with the amounts specified by the administrator;
(e) Inform claimants about the bureau's
utilization of direct deposit of funds by electronic transfer, furnish debit
cards to claimants as appropriate, and provide claimants with instructions
regarding use of those debit cards.
For any compensation paid directly to
a claimant, the bureau shall require
either an electronic fund transfer into a savings or checking account, or shall
issue to the payee an electronic benefits card.
(a) The bureau shall provide to the claimant
notice of the types of compensation or payments paid directly to a benefit
recipient that are included in the electronic benefits program.
(b) The bureau shall provide to the claimant
notice of the types of compensation or payments not paid directly to a benefit
recipient that are not included in the electronic benefits program. Payments
made under an authorization to receive workers' compensation checks are
excluded from the electronic benefits program.
(3) The bureau shall notify a benefit
recipient of the requirement for electronic payment of benefits and
compensation and ask the benefit recipient to provide the financial institution
and account to which the bureau shall deposit the compensation or benefits. If
the benefit recipient does not have an account or does not respond, the bureau
shall issue the payment by a bureau debit card. The debit card shall be used to
deliver compensation payments electronically.
(4) The bureau shall contract with a vendor
for the debit cards to allow benefit recipients to receive payment without a
monthly maintenance fee. The bureau shall issue the debit card only to the
(5) The bureau
shall provide to a benefit recipient who lives in a foreign country an
electronic benefit card.
bureau shall provide notice of electronic payment delivery on the payment
remittance of each paper warrant issued to eligible benefit recipients. The
notice shall include the two different payment options and shall provide the
benefit recipient the opportunity to select between the two electronic payment
(7) A benefit recipient
may request a waiver of the electronic payment delivery of compensation or
benefits under this rule for special circumstances due to hardship in
establishing a personal checking or savings account or in accepting the bureau
debit card. The request for a waiver shall be referred to the bureau benefits
payable department and may be reviewed by the administrator's