The Ohio C 240 form, officially entitled Settlement Agreement and Application for Approval of Settlement Agreement, is a crucial document for resolving workers' compensation claims with state-fund employers in Ohio. It mandates the mutual consent of the injured worker and the employer for the settlement of state-fund claims, except in cases where the employer is not operational within Ohio. This form outlines a framework for suspending unresolved issues, continuing compensation, and medical payments until the settlement is officially approved, stipulating the responsibilities for costs associated with medical services before and after the effective date of the settlement.
In the heart of Ohio's approach to managing workers' compensation claims lies the Ohio C 240 form, a structured pathway designed for the resolution of such claims between state-fund employers and injured workers. This pivotal document, formally titled 'Settlement Agreement and Application for Approval of Settlement Agreement,' marks a negotiated endpoint for disputes arising out of workplace injuries under state-fund claims. Its genesis is found within the legislative mandate of Ohio Revised Code 4123.65, embodying a mutual agreement to suspend all unresolved issues while maintaining ongoing compensation and medical payments until the settlement receives official approval. Notably, the form is exclusive to state-fund claims; those involving self-insured employers navigate a separate process through form SI-42. The C 240 form outlines the responsibilities of both parties concerning medical and compensatory costs pre and post-settlement, addresses the implications for Medicare beneficiaries within the workers' compensation context, and establishes a procedural framework for filing and negotiating the settlement. This includes stipulations for ongoing medical treatments, insights into the allocation of the settlement amount, and elucidates the critical roles of the employer and injured worker – including the employer's conditional right to withdraw consent for the settlement. Through a closer examination of this form, stakeholders within Ohio's workers' compensation landscape are afforded a clearer lens through which the intricacies of claim settlement are navigated, emphasizing a mutual endeavor toward resolution that respects the vested interests of both the injured worker and the employer.
Settlement Agreement and Application for
Approval of Settlement Agreement
(For state-fund claims only) (Self-insured claims file SI-42)
File this application to settle workers' compensation claims with state-fund employers. Ohio Revised Code 4123.65 requires the injured worker and the employer to sign settlement applications unless the employer is no longer doing business in Ohio. If the claim to be settled is a state-fund claim, and the employer is now self-insuring, BWC charges the self-insuring employer dollar for dollar for any portion of the settlement attributed to past, present or future Disabled Workers' Relief Fund (DWRF) liability.
By iling this application, the injured worker and the employer agree all unresolved issues will be suspended. All ongoing compensation and medical payments, however, will continue until the effective settlement date. The effective settlement date is the mailing date of BWC's approval of settlement agreement.
Please Note: The persons involved with iling this settlement agree if any other claim(s) or part of any claim(s) being settled has been recognized or allowed, then the cost of all medical services, hospital bills, drugs and medicines with date(s) of service or illing of related prescriptions (not to exceed a 30-day supply) provided to the injured worker before the effective settlement date, shall be the responsibility of the state insurance fund, provided such costs result from the allowed conditions of the claims and are properly payable under current medical payment guidelines. The costs of all medical services, hospital bills, drugs and medicine with the date(s) of service of illing of related prescriptions (not to exceed a 30-day supply) provided to the injured worker on or after the effective settlement date are the responsibility of the injured worker.
By initialing this box, the injured worker acknowledges he or she has read and understands the above statement.
Special Notice to Medicare Beneficiaries
Medicare does not pay medical bills for conditions covered by your workers' compensation claim. If a settlement of your workers' compensation claim is reached, and the settlement allocates certain amounts for future medical expenses, Medicare does not pay for those services until medical expenses related to your workers' compensation claim equal the amount of the lump sum settlement allocated to future medical expenses. For additional information, please call the Medicare coordination of beneits contractor at (800) 999-1118.
Instructions
•For lost-time and medical-only claims, mail this completed application to your nearest customer service ofice.
•Call 1-800-OHIOBWC for the address of your local customer service ofice.
•To settle a claim with a self-insuring employer, please complete and forward form SI-42, or contact your self-insuring employer for other forms setting out the agreement between the injured worker and self-insuring employer.
•To facilitate settlement of this claim, please forward any unpaid bills to your managed care organization.
•Include a list of any unpaid bills you are aware of or attach copies of any unpaid bills or statements.
Application for Approval of Settlement Agreement
The injured worker and employer, as agreed to below, make application to BWC for approval of a inal settlement in the injured worker's claim(s).
Parties to the Claim
Injured worker name
Social Security number
Date of birth
Phone number
(
)
Address
City
State
ZIP code
Injured worker representative name
ID number
Employer name
Risk number
Fax number
Employer representative name
Information on other relevant employers is attached
Yes
No
Claim(s) to be Included In Settlement
Claim Number*
Requested amount for
Proposed allocation of requested settlement amount
complete settlement**
Indemnity
Prescription drugs
Medical
*List any claims speciically excluded from settlement:
**Please explain any request for a partial settlement:
Clearly set forth the circumstances by reason of which the proposed settlement is deemed desirable.
Has information on other relevant claims been attached?
Are you receiving, or have you applied for Medicare benefits?
Are you receiving medical treatment at this
Who is your treating physician(s)?
Wages at time of injury?
time?
Are you currently working?
If yes, who is your present employer?
What is your present occupation?
What are your present wages?
BWC-1372 (Rev. 2/1/2007)
C-240
Employer Signature
(Required by ORC 4123.65 unless the employer is no longer doing business in Ohio)
•Please check one of the following boxes and sign below. Your signature does not waive the employer's right to withdraw consent to the settlement by providing written notice to the employee and the BWC administrator within 30 days after the administrator issues the approval of the settlement agreement.
A. The employer is supportive of and agreeable to a settlement up to the amount listed on the front of this application.
B. The employer does not agree with the requested settlement terms but will participate with the BWC in the negotiation process.
C. The employer is supportive of and agreeable to settlement of the claims listed on the front of this application. However, the employer will not participate in the settlement negotiations and requests the BWC to negotiate the settlement on behalf of the employer.
D. The employer is not agreeable to settlement of the claim(s) listed on the front of this application.
By signing this agreement, an employer that is currently self-insured acknowledges its obligation to reimburse BWC for the portion of the settlement amount allocated to DWRF costs of the above-referenced claim(s). BWC will bill the DWRF portion of the settlement to the self-insuring employer, even if the injured worker has not yet been determined to be permanently and totally disabled or currently eligible for DWRF benefits.
Employer signature
Telephone number
()
Title
Date
Settlement Agreement and Release
As set forth in this agreement, the injured worker for and in consideration of the receipt of the settlement amount approved by the BWC, which sum will be paid from the appropriate fund on behalf of the employer after approval by the BWC administrator, unless within 30 days after such approval the administrator, the employer or the injured worker, withdraws consent to, or unless the Industrial Commission of Ohio (IC) disapproves the agreement, does hereby for him/herself and for anyone claiming by, through or under him/her, forever release and discharge the above referenced employer, its oficers, employees, agents, representatives, successors and assigns, the IC, the BWC, the appropriate fund, and all persons, irms or corporations from any or all claims, demands, actions or causes of action incurred on or prior to the date of the approval of this agreement, arising out of Ohio Revised Code Chapter 4121. or 4123., which he/she now has or which he/she hereafter claim to have, whether known or unknown by reason of or in any manner growing out of the claims or parts thereof set forth above. The injured worker further understands and agrees that any amount paid pursuant to this agreement is subject to any valid court-ordered child support. The persons involved with iling this settlement agree that if any claim(s) or part of any claim(s) being settled has been recognized or allowed, then the cost of all medical services, hospital bills, drugs and medicines with date(s) of service or illing of related prescriptions (not to exceed a 30-day supply) provided to the injured worker before the effective settlement date, shall be the responsibility of the state insurance fund, provided such costs result from the allowed conditions of the claims and are properly payable under current medical payment guidelines. The costs of medical services hospital bills, drugs and medicines (not to exceed a 30-day supply) provided to the injured worker on or after the effective date of the settlement date are the responsibility of the injured worker.
Also as set forth above, the injured worker understands that any settlement amounts allocated for future medical services must be used for medical services before Medicare will consider payment for services for the conditions of the workers' compensation claim.
Settlement of any claim(s) included in this agreement in no way impairs BWC's statutory rights to subrogation recovery. Also, be advised that upon a inding of fraud, the administrator retains the right to rescind this settlement agreement and re-open the claim for an administrative overpayment hearing and referral for criminal prosecution.
Injured worker signature
Power of Attorney
By signing below the injured worker grants a limited power of attorney to the attorney of record for the purpose of receiving the warrant issued because of this settlement agreement.
Representative signature
Filling out the Ohio C-240 form is a crucial step for parties involved in a workers' compensation claim in Ohio, especially when they are aiming to reach a settlement agreement. This process requires meticulous attention to detail and a thorough understanding of the settlement terms. Remember, this form is specifically designed for state-fund claims and outlines the agreement between an injured worker and an employer to settle a workers' compensation claim. Once completed and approved, this agreement implies that unresolved issues are paused, with ongoing compensation and medical payments continuing until the effective date of the settlement.
Once the Ohio C-240 form is fully completed and signed by all parties involved, it must be mailed to the nearest customer service office for the Ohio Bureau of Workers' Compensation (BWC). This initiates the review and approval process by the BWC, leading towards a final settlement in the injured worker's claim(s). Remember to forward any unpaid bills to your managed care organization and include a list or attach copies of such bills or statements with the application to expedite the process.
What is the Ohio C-240 form used for?
The Ohio C-240 form, titled "Settlement Agreement and Application for Approval of Settlement Agreement," is utilized specifically for the purpose of settling workers' compensation claims involving state-fund employers in Ohio. It allows both the injured worker and the employer to apply to the Bureau of Workers' Compensation (BWC) for approval of a final settlement, effectively resolving the claim. This process is applicable only to state-fund claims, with a separate procedure (form SI-42) for those involving self-insuring employers.
What requirements must be met for submitting the C-240 form?
To submit the C-240 form, both the injured worker and the employer must agree to the terms of the settlement, and both parties are required to sign the application, except in cases where the employer is no longer conducting business in Ohio. Additionally, all unresolved issues within the claim will be suspended, and ongoing compensation and medical payments will continue until the settlement becomes effective, which is upon the BWC's approval.
Who is responsible for medical costs before and after the effective settlement date?
Up until the effective settlement date, which is the mailing date of BWC's approval of the settlement agreement, the state insurance fund is responsible for the cost of all medical services, hospital bills, drugs, and medicines related to the allowed conditions of the claims, provided these costs are properly payable under current medical payment guidelines. After the effective settlement date, the responsibility for any costs relating to medical services, hospital bills, drugs, and medicines falls upon the injured worker.
How does a settlement affect Medicare beneficiaries?
If a workers' compensation claim settlement allocates certain funds for future medical expenses, Medicare will not cover those medical bills related to the workers' compensation claim until the total amount designated for medical expenses in the settlement is exhausted. This is important for Medicare beneficiaries to understand as it affects how their future medical costs will be covered.
Where should the C-240 application be submitted?
The completed C-240 application should be mailed to the nearest BWC customer service office. For the precise address of the local office, claimants or their representatives can call 1-800-OHIOBWC. It is also advisable to forward any unpaid bills to the respective managed care organization to facilitate the settlement of the claim.
Can an employer disagree with the settlement?
Yes, an employer can indicate disagreement with the proposed settlement terms while still allowing the BWC to participate in the negotiation process. The form provides options for the employer to express various levels of agreement or disagreement regarding the settlement. It is important for employers to select the option that best represents their stance and fulfill any subsequent requirements as stated.
What happens after the settlement is approved?
Once the settlement is approved by the BWC, the agreed-upon settlement amount will be paid from the appropriate fund on behalf of the employer, unless withdrawn consent occurs within 30 days after approval or if the Industrial Commission of Ohio disapproves the agreement. Post-approval, the injured worker releases and forever discharges all claims against the employer and associated parties as detailed in the agreement. Any settlement amount allocated for future medical services necessitates these funds be utilized prior to Medicare covering services for the conditions of the workers' compensation claim.
Not getting both the injured worker and employer signatures: The Ohio Revised Code 4123.65 requires both the injured worker and the employer to sign the C-240 form, unless the employer is no longer in business in Ohio. Failing to obtain both signatures can result in the rejection of the application.
Overlooking the Special Notice to Medicare Beneficiaries: If the injured worker is a Medicare beneficiary, it's crucial to understand how the settlement could affect Medicare coverage for conditions related to the workers' compensation claim. Neglecting this notice can lead to unforeseen medical expenses for the injured worker.
Not accurately detailing the settlement amounts: The form asks for proposed allocation amounts for indemnity, prescription drugs, and medical expenses. Incorrectly filling out these amounts or not giving a clear explanation for the requested settlement can delay processing or affect the settlement amount.
Forgetting to list any excluded claims or failing to attach relevant documents: If there are specific claims not included in the settlement, they must be listed clearly. Additionally, if there's relevant information on other claims that could affect the settlement, failing to attach this information can hinder the settlement process.
To avoid these mistakes:
When handling the Ohio C-240 form, which serves as a Settlement Agreement and Application for Approval of Settlement Agreement specifically designed for state-fund claims, parties involved will often need to manage additional forms and documents. These include documents to support the claim, prove eligibility, and ensure compliance with regulations. Below is a collection of other forms and documents frequently used alongside the Ohio C-240 form, each with a brief description.
Understanding and accurately completing these documents is critical for the successful processing and approval of a settlement in a workers' compensation case in Ohio. Each document requires careful attention to ensure that it is filled out correctly and fully supports the settlement application. Proper documentation can significantly streamline the settlement process, providing clarity and legal backup for the agreements reached between the injured worker and the employer.
The "Standard Release Agreement" shares fundamental similarities with the Ohio C 240 form, primarily in its function to finalize a settlement between two parties, often involving employment or personal injury claims. Similar to the C 240 form, it typically includes a detailed account of the settlement terms, the amounts agreed upon for various damages, and a comprehensive release clause. This clause absolves the releasing party of future claims related to the incident in question, mirroring the C 240's intent to resolve workers' compensation disputes conclusively.
"Medical Release Forms" are another document type akin to the Ohio C 240 form. These forms are used to authorize the release of medical information, often required in personal injury or worker's compensation cases to verify claims. The C 240 form's section that addresses responsibility for medical costs and treatments before and after the settlement date resembles this document, emphasizing the role of medical records and agreements in the settlement process.
"Compromise Agreement Forms," used to settle disputes and avoid litigation, particularly in employment matters, also bear resemblance to the C 240 form. Like the Ohio document, compromise agreements outline the terms of settlement between an employer and an employee, including any financial compensation. Both documents ensure that all parties are on the same page about the settlement’s conditions and that the employee waives the right to make future claims related to the dispute.
The "Settlement Agreement and Mutual Release" document is similar to the C 240 as it is often used in various legal disputes, including workers' compensation claims, to finalize the terms of a settlement. It generally includes a mutual release clause, whereby both parties agree to release each other from future claims. This aspect mirrors the C 240 form’s aim to have both the worker and employer agree to conclude their dispute conclusively, allowing both to move forward without the possibility of future claims on the same issue.
"Lump-Sum Settlement Agreement Forms" used in workers' compensation cases also relate closely to the Ohio C 240 form. These documents outline the terms under which an injured worker agrees to accept a one-time lump sum payment as a full and final settlement of their claim. Similar to the C 240, these forms detail the agreement between the worker and the employer (or insurance carrier), including the settlement amount and the release of further liability. They are pivotal in resolving long-standing workers' compensation claims efficiently.
"Disability Settlement Agreement Forms" bear similarity to the Ohio C 240 form in that they are designed for settlements involving disability claims. These documents outline the terms under which an individual settles a claim related to disability, often arising from workplace injuries. Like the C 240 form, they typically specify the settlement amount, detail any future provisions for medical expenses, and include clauses that prevent future claims on the matter, ensuring a clear resolution to the disability claim.
"Subrogation Agreement Forms" in the context of insurance claims, especially workers' compensation, share similarities with the Ohio C 240 form. These documents are used when an insurance company seeks to recover funds they paid on a claim when another party is deemed responsible for the damage or injury. The section of the C 240 form that maintains BWC's statutory rights to subrogation recovery is a direct parallel, emphasizing the insurer's right to pursue third-party recovery post-settlement.
Filling out the Ohio C 240 form, formally known as the Settlement Agreement and Application for Approval of Settlement for state-fund claims, is a crucial step for parties looking to settle workers' compensation claims. Understanding the dos and don'ts can make the process smoother and ensure your application is processed efficiently without unnecessary delays. Below, find the compiled lists to guide you through the process:
Things You Should Do
Things You Shouldn't Do
By meticulously following these guidelines, parties can ensure a smoother settlement process, leading to a timely resolution of the workers' compensation claim. The focus should always be on clarity, completeness, and understanding of all provisions within the Ohio C 240 form.
When it comes to the Ohio C-240 form, a Settlement Agreement and Application for Approval of Settlement Agreement, there are several misconceptions that individuals may have. Understanding these misconceptions is crucial for both injured workers and employers to navigate the workers' compensation claims process effectively.
This isn't true. While the C-240 form is essential, it is part of a larger process that may require additional documentation and steps, depending on the complexities of the case.
Contrary to this belief, Ohio Revised Code 4123.65 mandates the injured worker and the employer must sign the settlement applications unless the employer is no longer conducting business in Ohio.
Actually, all ongoing compensation and medical payments continue until the effective settlement date, which is the mailing date of the BWC's approval of the settlement agreement.
The truth is that the cost of all medical services, hospital bills, drugs, and medicines provided to the injured worker before the effective settlement date will still be covered by the state insurance fund, as long as these costs result from the allowed conditions of the claims and are properly payable under current medical payment guidelines.
Medicare does not cover medical bills for conditions associated with your workers' compensation claim if the settlement allocates funds for future medical expenses. Medicare will not start covering related services until the expenses reach the amount allocated in the lump sum settlement for future medical costs.
Even if employers do not agree with the settlement terms initially, they can participate in the negotiation process with the BWC. They have a choice to support the settlement up to a certain amount or request BWC to negotiate the settlement on their behalf according to the options provided on the form.
It's imperative for both employers and injured workers to fully understand the stipulations and implications of the Ohio C-240 form to ensure a fair and informed settlement process.
Filling out and using the Ohio C-240 form, officially called the Settlement Agreement and Application for Approval of Settlement Agreement, is a task that requires attention to detail and an understanding of several key points. When dealing with workers' compensation claims in Ohio, particularly with state-fund employers, it’s crucial to navigate this process with care. Below are some important takeaways to ensure that individuals can manage this process effectively:
By keeping these key points in mind when dealing with the Ohio C-240 form, parties involved can navigate the settlement process more smoothly and avoid potential pitfalls. Remember, the goal of the form and the process it entails is to facilitate a fair resolution for the injured worker while keeping in line with Ohio’s legal framework for workers' compensation claims.
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