Chapter 3364-10 Reporting and processing job injuries; legal counsel

3364-10-10 Reporting and processing on the job injuries for workers' compensation purposes.

(A) Policy statement

It is the policy of the university of Toledo that when a university employee has a work related injury or occupational disease, they will seek appropriate medical care, report the injury to their supervisor and complete and submit the injury and illness report form to the workers' compensation department or their supervisor.

(B) Purpose of policy

This policy provides direction to the employee and their supervisor on how to assure that an employee with a work related injury or occupational disease:

(1) Receives proper medical care; and

(2) Submits the documentations that will initiate a workers' compensation claim when appropriate, and provide information for accident investigation and safety hazard elimination, when appropriate.

(C) Procedure:

Caring for the injured employee is the first concern. The university will provide any necessary emergency medical care through its health facilities and/or other qualified health care providers for employees who are injured during the performance of their duties, and to properly record pertinent information for accident investigation, safety hazard elimination, and workers' compensation, when appropriate.

(1) This policy applies to all university of Toledo employees, full or part-time, who are injured in the course and scope of university employment.

(a) All injuries must be reported to the supervisor by the injured party or, if the injured party is not able to do so, a co-worker, by the end of the shift or as soon as is practical.

(b) Anyone who is aware of unsafe conditions or working practices has an obligation to report them to their supervisor and the office of safety and health.

(2) When on-the-job injury or illness occurs:

(a) As soon as possible after an injury, the supervisor or department chairman will notify the workers' compensation department of the occurrence of the injury. In the absence of a supervisor, a fellow supervisor should notify the workers' compensation department via phone, voice mail, or e-mail.

(b) When employees are seen in the emergency department of university health services, the treating department will immediately notify the workers' compensation department.

(c) Workers' compensation personnel will inform the office of safety and health of any safety issues pertaining to the employees injury/illness.

(3) Completing injury and illness incident form:

(a) As soon as physically able, the injured employee will file with his or her supervisor a written statement explaining the accident, using part one of the injury and illness incident form. Where necessary, the supervisor will assist the employee in preparing this statement. Copies of the injury and illness incident form can be obtained in the workers' compensation department or on-line athttp://www.utoledo.edu/depts/risk/pdfs/EmployeeIncidentForm.pdf.

(b) The supervisor will obtain signed statements from individuals who witnessed the accident. These statements may be recorded in the supervisor's analysis of the original, or copies of the injury and illness incident form filed by the injured employee.

(c) The supervisor will complete supervisor's analysis of the injury and illness incident form, including the identified causes of the accident.

(i) The supervisor will file the completed injury and illness incident form with the workers' compensation department as soon as possible after the accident.

(ii) If the severity of the injury prevents the injured employee from filing a report, even with assistance, the supervisor will file a preliminary report giving all available information and will file supplemental reports with additional information, and the employee's report, at the earliest possible date.

(d) In addition to the reports of the incident, the main campus classified employee's absence and return to work will be reported on the regular absence report (form "PE" 203 195).

(4) Workers' compensation department role:

(a) The workers' compensation department will provide the necessary forms to initiate a claim with the Ohio bureau of workers' compensation ("BWC"). "BWC" then assesses the claim and makes the decision to allow or disallow the claim.

(5) After a claim has been submitted:

(a) Upon receipt of the claim, "BWC" will mail out notification of the assigned claim number. It is then the employee/claimant's responsibility to provide said claim number to all health care providers, along with any other information request to ensure proper billing of claim related charges.

(b) In the event the claim is disallowed, the employee will have appeal options as outlined in the "BWC" order, or industrial commission correspondence.

(6) Contact information: if an employee or supervisor has any questions regarding this policy or procedure, they can contact the main campus office (419-530-3655), or the health science campus office (419-383-4567).

Effective: 4/25/2016
Promulgated Under: 111.15
Statutory Authority: 3364
Rule Amplifies: 3364

3364-10-13 Use of legal counsel.

(A) Policy statement

As set forth in section 3345.15 of the Revised Code, the Ohio attorney general represents the university and provides legal advice in all matters relating to the university's powers and duties. One function of the university's office of legal affairs is to assist the Ohio attorney general in carrying out this obligation.

(B) The purpose of this policy:

To clarify the use of legal counsel in all legal matters of the university.

(C) Policy

(1) The attorney general as attorney.

(a) As set forth in section 3345.15 of the Revised Code, the office of the Ohio attorney general represents the university and provides legal advice in all matters relating to the university's powers and duties.

(b) The attorney general will make all decisions regarding legal affairs along with the vice president and general counsel through the office of legal affairs, including but not limited to use of legal counsel and expenses related to such use, direction and management of litigation and approvals of settlements affecting the university.

(c) No legal action may be initiated by the university or any individual on behalf of the university without the approval of the Ohio attorney general and the office of legal affairs.

(d) Matters regarding the providing of a legal defense or immunity from personal liability for a university employee are governed by the Revised Code as determined by the Ohio attorney general.

(e) Settlements may also require the approval of the board of trustees, the president of the university or other university administrators.

(2) Appointment of assistant attorney generals within the office of legal affairs and use.

(a) Only Ohio licensed attorneys appointed by the Ohio attorney general as assistant attorney generals may represent or provide legal advice to the university.

(b) University employees representing the university in a legal capacity must have such designation as an assistant attorney general in order to provide legal advice to the university. A license as an attorney under state law is not sufficient and without more, does not authorize any individual to represent or provide legal advice to the university. Any purported legal advice rendered by a person without this designation from the attorney general does not protect the university or individual seeking advice and may not be protected by the attorney- client privilege.

(c) University employees seeking legal advice related to university business or affairs must first discuss the matter with the provost, vice president or delegate as appropriate. Should issues or legal questions continue after such discussion, the provost, vice president or delegate as appropriate should contact the office of legal affairs for assistance. Legal matters requiring immediate attention, however, should be directed to the office of legal affairs for action with notification to the provost, vice president or delegate as necessary. The provost, vice president or delegate requiring regular interaction and advice, can also request document review by the office of legal affairs.

(3) Appointment of special or outside counsels and use.

(a) Only licensed attorneys appointed by the Ohio attorney general and approved by the office of legal affairs for a specific task ("Special or outside counsel") may represent the university in any matter not handled by an assistant attorney general.

(b) Special or outside counsel may not be engaged or contacted except as authorized by the Ohio attorney general and the office of legal affairs. Incurring legal costs without prior approval by the attorney general and office of legal affairs is a violation of university policy and may subject an employee to personal responsibility for such costs.

Effective: 11/3/2016
Promulgated Under: 111.15
Statutory Authority: 3364
Rule Amplifies: 3364

3364-10-15 Subpoenas.

(A) Policy statement

The office of legal affairs is responsible for coordinating responses to all subpoenas ordering the university or its officers, administrators, employees, student employees, faculty or residents due to his or her status as a university employee to respond.

The university will ensure timely and appropriate responses to subpoenas by ensuring that the office of legal affairs is served with any and all subpoenas directed to the university or its officers, administrators, employees, faculty, or residents arising of performance of their university duties.

(B) Purpose of policy

To protect the legal interests of the university by ensuring timely and appropriate responses to subpoenas directed to the university or any of its colleges, departments, or offices, and to subpoenas directed to officers, administrators, employees, faculty, or residents concerning their university duties.

(C) Scope

This policy applies to any and all officers, administrators, employees, student employees, faculty or residents who receive a subpoena related to university business or who a subpoena server attempts to serve with a subpoena related to university business.

(D) Procedure

(1) Personal service of subpoenas: subpoena servers attempting to personally serve subpoenas on the university or one of its officers, administrators, employees, faculty, or residents, are to be directed to the office of legal affairs as explained below. If an attempt to personally serve a subpoena occurs on a weekend or holiday, or outside of normal office hours, the server is to be advised to return the next business day to the office of legal affairs.

(a) On health science campus, including the medical center, subpoena servers are to be directed to the office of legal affairs, third floor, Mulford library building, health science campus.

(b) On main campus or the Scott park campus, subpoena servers are to be directed to the office of legal affairs, third floor, university hall, main campus.

(c) For any other university location, servers are to be directed to one of the two office of legal affairs locations.

(d) The office of legal affairs is the only office authorized to accept personal service of a subpoena directed to the university or one of its colleges, departments, or offices.

(2) Mail services is authorized to accept subpoenas served through the mail, so long as the subpoena is promptly directed to the office of legal affairs as described above in paragraph (D)(1) of this rule.

(3) If an officer, administrator, employee, student employee, faculty, or resident is specifically named in a subpoena, he or she is authorized to accept service of the subpoena on behalf of himself or herself only, subject to the following:

(a) If the subpoena relates in any way to the individual's position with the university, the individual must immediately fax, email, or personally deliver a copy of the entire subpoena to the office of legal affairs.

(b) Officers, administrators, employees, student employees, faculty, students, or residents are not authorized to respond to or appear pursuant to a subpoena that relates in any way to the individual's position with the university without direction from the office of legal affairs.

(4) University officers, administrators, employees, student employees, faculty or residents must promptly provide to the office of legal affairs the records requested and must make themselves available as directed by the subpoena unless alternate arrangements are made through the office of legal affairs.

Effective: 7/11/2016
Promulgated Under: 111.15
Statutory Authority: 3364
Rule Amplifies: 3364