Self-Insured Complaints, Violation of Specific Safety Requirements and Intentional Torts
OSIA Education Day
SI Complaints, VSSRs, and Intentional Torts, Oh My!
Many Ohio workers' compensation administrators are responsible not only for the effective, efficient and fair administration of claims but, also, for identifying and assisting in the defense to other liabilities that may arise from work-related events. In addition to financial exposure, these liabilities can give even the best self-insured worker's compensation program a black eye. First, the failure to administer a claim within the rules of the BWC can lead to an SI complaint. OSIA Board Member Peggy Downard will discuss the SI complaint process from the filing of a complaint through the time that the SI Department determines whether it is valid. Then, Board Member Tommie Jo Brode will discuss challenging the SI Department's determination before the Self-Insuring Employers Evaluation Board ("SIEEB"). Her presentation will include suggestions for presenting the best defense at the SIEEB hearing and a discussion of the Board's authority. Finally, Ohio employers who fail to meet acceptable safety norms can face additional financial liability. An injury or disease that is the product of an alleged violation of a specific safety requirement can impose additional liability on an employer in the way of penalty compensation. Although great gains were made in recent legislation to limit the scope of employment intentional torts, that liability is still there. Mark Shaw of Eastman Smith will lead a discussion of these two areas of liability with an eye toward issue recognition and steps to take to avoid these pitfalls.