A State Fund Employer of Record is in violation of Ohio BWC Policy Number CP-09-08-IV-V-4 when the Employer charges the Injured Worker for personal time or vacation time due to the Injured Worker being absent for an Employer-requested Examination. In relevant part: “If the IW is employed, the EOR shall pay the IW for any loss of wages arising from attending the exam within three weeks of the exam date.”
We have experienced disgruntled clients calling with concern that the Employer of Record required him or her to use personal or vacation time to attend an examination requested by the Employer, usually relating to a request for an additional allowance. Per the above listed Ohio BWC Policy, this type of deduction from the Injured Worker’s PTO or vacation time account is a blatant violation. Any such deduction should be reimbursed to the Injured Worker.
Has this happened to you? If you believe you are entitled to reimbursement for lost wages and need assistance, please contact the Bainbridge Firm.