Ohio Admin. Code 4123-6-40 - Payment of injured worker travel expenses

(A) A claimant's An injured worker's reasonable and necessary travel expenses shall be paid, upon the filing of a proper request, under the following circumstances:

(1) When the claimant injured worker has been ordered or authorized to undergo a medical examination outside of the city or community limits where he resides. The claimant injured worker shall be reimbursed for travel only if the travel distance exceeds a mileage distance as periodically determined by the bureau. The minimum mileage distance for reimbursement shall be published periodically by the bureau forty-five miles round trip.

(2) When treatment necessary for the allowed industrial work related condition cannot be obtained within the city or community where the claimant injured worker resides, and the treatment has been pre-authorized and approved. The claimant injured worker shall be reimbursed for travel only if the travel distance exceeds a mileage distance as periodically determined by the bureau. The minimum mileage distance for reimbursement shall be published periodically by the bureau forty-five miles round trip.

(3) When the claimant's injured worker's allowed conditions require taxicab or other special transportation for treatment or examination on account of an allowed injury or occupational disease. Taxicab or other special transportation must be pre-authorized.

(4) When travel expenses are authorized as part of an approved vocational rehabilitation assessment plan, comprehensive vocational rehabilitation plan, or job retention plan pursuant to rule 4123-18-08 of the Administrative Code.

(B) In situations described in paragraphs (A)(1), and (A)(2), and (A)(4) of this rule, the injured worker will be reimbursed for the following provisions apply:

(1) If the claimant injured worker is traveling by automobile, the claimant shall be entitled to a reasonable payment, as established and periodically published by the bureau, mileage on a per mile basis if the mileage exceeds the distance established as provided under paragraph (A) of this rule, portal to portal, using the most direct and practical route. ;

(2) If the claimant is traveling by airplane, railroad or bus, the claimant shall be entitled to the actual and necessary airplane, railroad or bus fare. ;

(3) The reasonable cost of necessary meals, based on distance traveled, will be refunded to the claimant. It shall be paid in accordance with a schedule adopted by the bureau and periodically revised. ;

(4) Necessary lodging bills will be paid at reasonable actual cost. Lodging must be pre-authorized. ; and

(5) The actual and necessary cost of tolls and parking.

(C) When the claimant injured worker has been requested to undergo a medical examination by a physician of the employer's choice, travel expenses incurred as a result of the examination are to be paid by the employer immediately upon the receipt of the bill. Payment of the bill shall not require an order of the bureau or commission, unless there is a dispute. The employer shall provide the claimant injured worker with a proper form to be completed by the claimant injured worker for reimbursement of traveling expenses. The minimum mileage provision of paragraphs (A)(1) and (A)(2) of this rule shall not apply for reimbursement of examinations under this paragraph (C) of this rule.

(D) Actual payment or refund shall be made in accordance with requirements outlined in this rule. The payment rates for meals, lodging, and travel shall be published periodically by the bureau are available at https://www.bwc.ohio.gov/downloads/blankpdf/C-60-A.pdf.

(E) This rule applies to all claims for industrial work related injuries and/or occupational diseases, regardless of whether the employer is part of the state fund, is self-insuring, is non-complying, etc.

Notes

Ohio Admin. Code 4123-6-40

Effective: 2/1/2022
Five Year Review (FYR) Dates: 11/12/2021 and 02/01/2027
Promulgated Under: 119.03
Statutory Authority: 4121.12, 4121.121, 4121.30, 4121.31, 4121.44, 4121.441, 4123.05, 4123.66
Rule Amplifies: 4121.12, 4121.121, 4121.44, 4121.441, 4123.66
Prior Effective Dates: 02/12/1997, 10/14/2002, 06/01/2005, 11/13/2015