Workers Compensation

Letter

To receive an evaluation, follow the link below, print out the three pages contained therein:

  1. CAP Group Rating Eligibility Questionnaire
  2. BWC Temporary Authorization to Review Information — pg. 1
  3. BWC Temporary Authorization to Review Information — pg. 2

Complete the forms as directed and fax or mail to GatesMcDonald as noted on the Group Rating Eligibility Questionnaire.

These forms are Adobe files, if you do not have Adobe Acrobat Reader and would like to download it, click here.

Link to 2007 CAP Group Rating Eligibility Questionnaire

Workers Comp News

Rebuttable Presumption

Effective October 13, 2004, House Bill 223 takes effect. This is the new rebuttable presumption that was signed into law by Governor Taft last week. The law now states that the burden of proof is on the employee to prove that drugs or alcohol, which was in their system, were not the proximate cause to their work related injury.

Under this law, an employer may request for a disallowance of a workers compensation claim that was filed by the employee who had tested positive on a qualifying drug or alcohol test. This further applies to an injured employee who refuses to test.

If the claim is to be allowed, the worker must produce sufficient evidence to prove that being intoxicated by either alcohol, or the nine controlled substances tested for, did not cause the injury.

This law may be applied to claims for dates of injury no earlier than the effective date of the law, or after employees receive notice.

As an employer, you are required to notify your employees of this law. You can go to Ohio BWC’s website for more information.