Every five years, the Bureau of Workers’ Compensation conducts a rule review of Ohio Administrative Code Chapter 4123-14. Chapter 4123-14 sets forth rules relating to a “noncomplying employer,” which is an employer who 1) fails to establish or maintain industrial coverage, 2) fails to make premium payments to the state insurance fund, or 3) fails to comply with the requirements for self-insurance. Specifically, the rules govern the administrative process for determining an employer’s non-compliance; the process for recovering premiums or other payments or penalties from a noncomplying employer; settlement with a noncomplying employer; and the formation and maintenance of the Bureau of Workers’ Compensation adjudicating committee, which determines employer-related disputes regarding premiums, assessments, or penalty obligations among other things.
In July 2014, the BWC disseminated a draft of the proposed changes to Chapter 4123-14, which has also been sent to the BWC Board of Directors for consideration. It is important to note that most of the changes are not substantive changes but simply grammatical or typographical modifications. The one proposed modification to highlight is contained in OAC 4123-14-02(E). The proposed changes to OAC 4123-14-01(E) add an extra level of review to the administrative procedure concerning an employer’s objection to an assessment. Currently, the employer files an objection petition, which is immediately referred to the administrator of workers’ compensation. The proposed addition to this rule would require the bureau to reexamine the assessment itself before referring it to the administrator of workers’ compensation. Such a change may be slight, but it does benefit employers in that it requires another set of eyes to examine the employer’s objection petition.
If you are interested in learning more about the five year rule changes to OAC Chapter 4123-14, please contact one of our firm’s workers’ compensation attorneys.