“Protecting the Fund”: How a legitimate obligation of the Bureau of Workers’ Compensation is often used as an excuse for unfair treatment of injured workers while at other times is ignored to the systems detriment.
No one denies that the Bureau of Workers’ Compensation has a legal obligation to protect the fund that supports the Ohio Bureau Workers’ Compensation system. That being said, how the obligation to protect the fund should be interpreted is unquestionably a matter of disagreement. In my opinion, protecting the fund should be defined as follows: The Bureau of Workers’ Compensation has an obligation to make sure that the fund contains an adequate amount of money to compensate legitimate workers’ compensation claim; this obligation, of course, would require the BWC to make sure that claims and costs that are not legitimate are not paid for. I do not believe this should be a contentious definition. The Bureau of Workers’ Compensation can make sure that legitimate claims are covered and claims that are not legitimate are not covered. Unfortunately, with every passing year, it appears that the BWC defines its obligation different than I define it. [Read more…]