Wage Continuation

1. Wage Continuation STEPHEN P. POSTALAKIS Blaugrund, Herbert, Kessler, Miller, Myers & Postalakis, Incorporated spp@bhmlaw.com Ohio Association of County Boards Serving People with Developmental Disabilities Personnel Council September 29, 2010

2. What is wage continuation? • Under wage continuation, the employer pays the employee his/her regular wages after a workplace injury/illness occurs. • These are wages paid to the employee in lieu of temporary total compensation.

3. When is wage continuation appropriate? • An injured worker can choose to accept wage continuation unless a CBA states otherwise. • The employer pays the injured worker wage continuation until either party terminates the payment. • The employer cannot force an employee to use sick time during the wage continuation period.

4. Employer responsibilities with regard to wage continuation • Injured worker must receive full check at next scheduled payroll after the injury or illness occurs (cannot wait for Industrial Commission determination). • If Employer misses paying an injured worker at the scheduled time, the employer forfeits salary continuation rights; temporary total will begin with supporting medical evidence and signed request from injured worker.

5. Employer responsibilities with regard to wage continuation • Must pay wage continuation when it is apparent that employee will miss eight or more days due to the work-related injury or illness (cannot wait until injured/ill worker has missed 14 days to pay the first 7 days). • Payment of eight (8) or more days of salary continuation indicates a lost-time claim.

6. Employer responsibilities with regard to wage continuation • No requirement to pay wage continuation if claim appears to be a medical-only claim. • If employer pays wage continuation for less than eight (8) days, the claim remains medical only. • If medical-only claim subsequently becomes lost time, employer must pay all days in order to qualify for wage continuation.

7. Employer responsibilities with regard to wage continuation • Employer must notify BWC of desire to do wage continuation before BWC issues an initial determination decision. • Employer cannot pay salary continuation once BWC has ordered temporary total compensation.

8. Temporary Total Compensation (TT) • Provided to compensate an injured worker who is totally disabled from work on a temporary basis or a short period of time due to a work related injury or occupational disease. • TT is generally the initial award of compensation paid to an injured worker to compensate for lost wages.

9. Permanent Total Disability (PTD) • Injured worker has inability to perform sustained remunerative employment. • To compensate the worker for impairment of earning capacity. • Payable for life. • Injured worker must have Industrial Commission exam and hearing to see if meets criteria.

10. Workers Compensation Injury and FMLA • An employer may require that a workers’ compensation related absence for a serious health condition be counted toward the 12-week FMLA entitlement. • See 29 C.F.R. §825.207(d)(2).

11. Questions? Thanks for attending!