During October, the BWC received approximately 40 claims alleging
non-accidental potential exposure to anthrax. To date, all incidents are the
result of workers coming into contact with an unknown, powdery substance at
the work site or from public safety workers responding to an emergency call.
In the cases, the substance was not found to contain anthrax. However, some
workers involved have incurred emergency medical charges such as emergency
response calls, hospital ER, physician, lab/pathology, and prophylactic
antibiotic therapy.
Pursuant to Ohio Revised Code 4123.68 a worker must have "contracted" a
disease from a workplace exposure for a claim to be eligible for workers'
compensation benefits. Claims for mere exposure are non-compensable in Ohio.
President George W. Bush issued a proclamation on September 14, 2001, stating
that a national emergency exists by reason of the terrorist attacks at the
World Trade Center and the Pentagon, and the continuing and immediate threat
of further attacks on the United States. Governor Bob Taft has instructed
state agencies to take measures to assist Ohioans impacted by these and
subsequent events. As such, BWC is taking extraordinary measures to
alleviate the financial burden resulting from potential or real bioterrorism
exposure to non-accidental potential biological agents in the workplace. On
October 30, 2001, the BWC announced a bioterrorism exposure policy:
All state fund claims alleging potential non-accidental exposure to anthrax
or other biological agent will be automatically referred to BWC's medical
advisor for an occupational disease medical review. Where the worker tests
negative for anthrax, the BWC will disallow the claim in accordance with Ohio
law. In the event a worker actually contracts anthrax, the claim will be
handled as an occupational disease claim.
Emergency medical diagnostic services necessary to investigate the claim and
confirm or rule out an anthrax diagnosis will be paid by BWC as occupational
disease claim investigative costs. Prophylactic antibiotic therapy, initiated
in accordance with Ohio Department of Health and the Centers' for Disease
Control protocol, will also be reimbursed by BWC. Reimbursement for
prophylactic antibiotic therapy initiated prior to substance testing will be
considered on a case by case basis and BWC may limit reimbursement in these
cases.
Each case involving non-accidental alleged or real exposure to anthrax or
other biological agent will be handled by a centralized claims team, led by
BWC's physician medical advisor and specially trained claims staff to ensure
BWC resources are deployed prudently. Only workers who come into direct
contact with the potential anthrax or other biological agents in the course
of their employment and are instructed by emergency response personnel to
seek emergency treatment will be covered by this policy.
Jill Stevenson, Claims Program Coordinator for the BWC, indicated that the
occupational disease claim investigative cost and the prophylactic antibiotic
therapy reimbursements discussed immediately above will be charged to the
surplus fund and not an individual employer's policy for state fund
employers. The BWC has not volunteered to absorb any cost for self-insured
employers.
The BWC believes these extraordinary measures are crucial to ensure the
financial peace of mind of Ohio employers and employees who otherwise would
have to bear the full responsibility of these alleged acts of terrorism in
the workplace.
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