Ohio BWC Implements New Medicare Set-Aside Policy

As most Ohio self-insured employers know, one of the most difficult hurdles in settling a workers' compensation claim is the Medicare Set-Aside.  On November 5, 2012, BWC Administrator Stephen Buehrer announced a new BWC policy which addresses the MSA threshold for state funded settlements. 

BWC will issue a Medicare set-aside letter only if 1.) the settlement is $100,000 and over or 2.) if the settlement is over $10,000 and the injured worker is already on Medicare or has a reasonable expectation of receiving Medicare within 30 months.

While Buehrer's policy announcement appears to address settlement of state fund claims, self-insured employers can look to the BWC's MSA thresholds for guidance.  Of course, Dawson Disantis & Myers, LLC encourages SI employers to discuss MSA for Ohio workers' compensation settlements further with legal counsel.

Buehrer's MSA policy letter is below: