General Guidelines
An incident must first be reported to the claimant's immediate supervisor, and documented on the Accident or Illness Report (ADM 4303). When medical attention is necissitated, the employee and supervisor need to obtain an Injury Reporting Packet (IRP). The IRPs will be maintained at the Division/Office Central Office and Field Locations. The Injury Reporting Packet provides forms and detailed instructions for the parties involved (e.g., injured worker, supervisor, physican).
Eligibility
Each FOP Unit 2 employees are eligible for 960 hours of OIL at the regular rate of pay per independent qualifying injury. A qualifying injury is defined as one that was received during the performance of law enforcement duties only. An injury occurring on duty which aggravates a previous injury will be considered an independent injury unless the aggravated injury occurs within six (6) months of the employee’s return to work from the last date of OIL coverage. OIL is not available for injuries incurred during those times when an employee was engaged in non-law enforcement activities (e.g., maintenance, activities of an administrative or clerical nature, during meal or rest breaks, or while performing personal business) unless the injury is the result of unprovoked aggressive acts or unforeseen mechanical or vehicular accidents beyond the control of the employee. Aggressive acts may include unprovoked physical injury inflicted by clients, residents, inmates, public citizens, and/or animals. Necessary restraint will not be regarded as provocation. Unforeseen mechanical or vehicular accident injury must occur in the course of law enforcement intervention or pursuit.
Injury reporting and Initial Determination
Adherance to the Injury Reporting Process is the critical first step in the occupational Injury Leave. The speed by which the injury is reported and medical and/or supporting documentation is obtained and fowarded to the correct parties has a direct bearing on the outcome of the claim, the IW's treatment, and successful return to work.
- Injured workers (IW) must notify their supervisor (or Division/Office WCE if supervisor is unavailable) immediatly (within 24 hours) of the injury and initatie an ADM 4303.
- The IW will complete Page 1 (Employee Statement) of the ADM 4303 which can be found in the Injruy Reporting Packet. The IW mist complete (including checking FOP Unit 2 under "Check All that Apply" and Occupational Injury Leave under "Off Work Benefits) and foward their completed Page 1 of the ADM 4303 to their respective Division/Office Workers' Compensation designee within 72 hours.
- The Division/Office WCD will complete Page 2 (Employer Statement) and foward the Employee and Employer Statements (Pages 1 and 2) to the Office of Human resources within 48 hours of the date of injury (DOI) and/or recipet (DOR) of the IW's Page 1 of the ADM 4303.
- The employee will submit a completed Medco-14 Physician report of Work Ability or C84 request for Temporary Total Compensation will requesting OIL for initial and follow up appointments. Initial treatment can be by any BWC certified physician if the IW seeks treatment in an Emergency Room or Urgent Cre. To qualify for SC benefits, initial treatment not sought in an ER or Urgent Care and all follow up treatment must be from a treatment provider listed on the SC/OIL Approved Physician List (Provider Panel).
- The Office of Human Resources will review ADM 4303 and medical documentation submitted and issue an OIL approval/denial letter. The "Initial" OIL Benefits Approval will be for the period of time listed on either the Medco-14 or C-84, before additional OIL Benefits can be approved, an updated Medco-14 or C-84 will be required.
Coordination of Benefits
The Director of the Ohio Department of Natural Resources or his/her designee shall have the authority to approve or disapprove requests for Occupational Injury Leave (OIL). Requests for OIL shall not be unreasonably denied.
Occupational Injury Leave benefits shall be paid in lieu of Workers’ Compensation, Disability Benefits and/or any other employer leave.
An employee is prohibited from receipt of benefits if the employee engages in any similar or similarly demanding occupation for wages or profit. If the employee has already received the benefits, then he/she must reimburse the State in the amount of the benefits received.
A Transitional Work Program is in effect and required for ODNR employees who are receiving occupational injury benefits. Approval is contingent upon the employee’s approval from his/her physician of record (POR). Participation in this program is mandatory. Failure to participate shall result in the denial and/or discontinuation of occupational injury leave benefits and may violate the employer’s work rules. While participating in the Transitional return to Work Program, follow-up office vistis, physical and/or occupatiuonal therpy, or other assoicated treatment (documents on a Medco-14 or C-84) will be considered OIL Leave Benefits and will be paid accordingly. When at all possible, follow up visits, physical and/or occupational therapy, or other associated treatments should be scheduled for non work days and/or during scheduled work hours (e.g., work schedule).
An employee recieving the OIL benefit shall accure sick leave and personal leave but shall not accure vaction. The employee is not eligible for other paid leaves, including holiday pay while recieveing OIL. The employee is not eligible to use leave balances while recieveing OUL and employees recieving OIL are in active pay status.
The time period assoicated with OIL Leave benefits will be based on the time frames documented on the Medco-14 Physician report of Work Ability or C84 Request for Temorary Total Compensation completed by their approved physician. If the employee remains disabled beyond the initial documentation date, an extension request (updated Medco-14 or C-84) must be submitteed with a week (7 calander days) of the previous approval's end date. The total amount of benefits shall not exceed nin hundred and sixty (960) hours unless the employee is declared permanently and totally disabled as the direct result of a catastrophic personl injury sustained in the line of duty; wherby, the employee would be entitled up to an additional nine hundred and sixty (960) hours pursuant to 42 USC Section 3796 Federal Guidelines.
If the employee's OIL claim is denied, but the employee's Workers' Compensation claim is still pending or it has been approved, the employee may be eligable for salary continuatiuon, not to exceed 480 hours.
Appeal of a Final Denial of OIL Benefits
An appeal of a final denial of OIL benefits (from the Appointing Authority Designee) shall be fowarded to DAS Benefits within twenty (20) caleneder of the post marked or e-mailed delivery confirmation date. The appeal shall be in writing and contain any additional information to support the denial. The OIL Appeal process is governed by Article 42.07 of the labor agreement.
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