Ohio Admin. Code 4123-6-40

Current through all regulations passed and filed through December 2, 2024
Section 4123-6-40 - Payment of injured worker travel expenses
(A) 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 injured worker has been ordered or authorized to undergo a medical examination outside of the city or community limits where he resides. The injured worker shall be reimbursed for travel only if the travel distance exceeds forty-five miles round trip.
(2) When treatment necessary for the allowed work related condition cannot be obtained within the city or community where the injured worker resides, and the treatment has been pre-authorized and approved. The injured worker shall be reimbursed for travel only if the travel distance exceeds forty-five miles round trip.
(3) When the 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), (A)(2), and (A)(4) of this rule, the injured worker will be reimbursed for the following :
(1) If the injured worker is traveling by automobile, 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 actual and necessary airplane, railroad or bus fare;
(3) The reasonable cost of necessary meals, based on distance traveled;
(4) Necessary lodging bills at reasonable actual cost. Lodging must be pre-authorized; and
(5) The actual and necessary cost of tolls and parking.
(C) When the 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 injured worker with a proper form to be completed by the 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) The payment rates for meals, lodging, and travel are available at https://www.bwc.ohio.gov/downloads/blankpdf/C-60-A.pdf.
(E) This rule applies to all claims for work related injuries or occupational diseases, regardless of whether the employer is part of the state fund, is self-insuring, is non-complying, etc.

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