When a claim is filed with the Ohio BWC, the injured worker may receive a request from the employer to sign a stack of medical authorizations and provide them with a list of all medical providers the worker has seen in his/her lifetime. Is the injured worker required to complete these documents for the employer?
What is the Injured Worker Required to Complete?
When a worker is injured or disabled in the course of employment, the employer can require the injured worker to sign a form for the release of medical information, records, and reports relative to the issues necessary for the administration of a claim. The BWC has created a Form called a C-101 for this purpose. The employer can require you to sign the C-101 (or a substantially similar form).
How Broad Can the Employer’s Medical Authorization Be?
While an injured worker is required to sign a C-101 or similar form, the question still arises as to how broad the employer’s medical authorizations can be. As previously mentioned, an injured worker is required to provide a form for the release of medical information, records, and reports relative to the issues necessary for the administration of a claim. The plain reading of the text indicates that an injured worker is not required to provide a release allowing the employer to gather any and all medical records related to the injured worker over the entire lifetime of the worker.
To comply with Ohio BWC statute, the injured worker must complete a C-101 or similar form. However, the release should be limited to a specific time period and only grant authorization for records related to the body parts involved in the claim.
Do You Have to Complete a Medical Provider List?
In addition to requesting an injured worker sign a C-101 or like form, an employer will often request the injured worker complete a form listing the medical providers the worker has seen, or is seeing, for the injuries sustained in the claim, or for medical providers the worker has seen for the same/overlapping body parts. The question of whether an injured worker would be required to complete these types of forms is not as clear.
At the outset I will say, there is no statutory authority, nor supporting Ohio case law, that would grant the employer authority to require an injured worker to complete a Medical Provider List. However, the Industrial Commission on numerous occasions has suspended claims because the injured worker refused to complete a provider list. So what should an injured worker do?
While it is true that no authority exists to require the injured worker to complete a Medical Provider List, refusing to provide the list is counterintuitive to the injured worker’s goals. The injured worker wants the process to keep moving and wants whatever request is being made (whether it is to get the claim allowed, treatment approved, or benefits paid) to be done in a timely fashion. If an injured worker refuses to complete the form for the employer, the employer can request that the injured worker’s claim be suspended. This will halt any proceedings in the claim and could cause delays in receiving benefits.
So in practice, the injured worker should provide the employer with a list of medical providers the injured worker has treated with for the claim allowances or overlapping body parts. However, like the C-101, the Medical Provider List should be limited to listing only providers the injured worker has seen for the work injury, or on overlapping body parts. The provider list should be further limited to a specific period of time and not open ended.
What Will Happen If I Do Not Complete a C-101 or Medical Provider List?
If an injured worker refuses to sign a C-101 or similar form for the employer, the employer can file a motion with the Industrial Commission of Ohio asking that the injured worker’s claim be suspended. If the Industrial Commission issues an Order suspending the claim, all action in the claim will stop, including the payment of benefits, until the issue that caused the suspension has been resolved.
Likewise with a Medical Provider List, if an injured worker refuses to give the employer a list of medical providers, the employer can request the claim be suspended. Whether the Industrial Commission would grant an employer’s request to suspend the claim for this failure is less clear. But what is certain is that the claim process will be delayed.
The information contained in this site is provided for informational purposes only, and should not be construed as legal advice on any subject matter.
You should not act or refrain from acting on the basis of any content included in this site without seeking legal or other professional advice. The contents of this site contain general information and may not reflect current legal developments or address your situation. We disclaim all liability for actions you take or fail to take based on any content on this site.
The operation of this site does not create an attorney-client relationship between you and Ronald J. Schafer or any other attorney at the law firm of Gallo & Gallo Co., LPA. Any information sent to us via e-mail or through this site is not secure and will not be treated as confidential.