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Northwest OH Legal Blog

Thursday, November 21, 2013

Workers' Compensation Wage Loss

Presently the Industrial Commission and the Bureau of Workers’ Compensation have proposed new wage loss rules. The new rule at Ohio Administrative Code 4125-1-01 would replace the current wage loss rules.  Essentially the requirements for job search remain the same, however, the search will be based on a more fluid “good faith effort”. The job search still must be “consistent, sincere, and best attempt to obtain suitable employment that will eliminate the wage loss.”  There are a number of factors that will be considered by the BWC and Industrial Commission in determining whether the type of searches and the manner of search has met the good faith criteria.  The injured worker will be allowed for the first 60 days to search for suitable employment within their skill level but after 60 days has gone by and no requisite work has been found they must also search for entry level or unskilled work. Even if an individual finds a job and is filing for working wage loss they will still be required to submit searches for every week that they are asking for working wage loss. Any failure to conduct an appropriate job search is considered to be a voluntary limitation of their income and could result in a reduction in their working wage loss compensation.  Supposedly these new work rules are to take into account the location where the individual lives and the ability to find employers within his area of residency.  However, the rule still appears to require attempts to submit applications and treat the searching for work as a job itself.


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