The State of Ohio may perform an SAWW reverse offset when an individual is receiving
both PT WC and SSA DIB benefits. When the reverse offset applies, the individual's
maximum PT WC benefit is lower than it would be if the individual were not receiving
DIB. The SAWW reverse offset DOES NOT apply to any benefits except for PT WC.
To evaluate whether the SAWW reverse offset applies, you must consider both the individual's
Average Weekly Wage (AWW) and the applicable Statewide Average Weekly Wage (SAWW).
-
•
"Average weekly wage" is defined as the individual's average weekly wage at the time
of the injury or the time that disability due to occupational disease began. The individual's
AWW can be found on the individual's Ohio State WC printout.
-
•
"Statewide average weekly wage" is defined as the individual's average weekly earnings
of all workers in Ohio employment subject to Ohio's unemployment compensation statute.
Like the AWW, the applicable SAWW is the one in place at the time of the injury. You
should use the SAWW in the table below corresponding to the date of injury on the
individual's Ohio State WC printout.
SAWW Table (1990-2019)
Year
|
SAWW
|
2/3 SAWW
|
1990
|
$419.00
|
$279.33
|
1991
|
$428.00
|
$285.33
|
1992
|
$443.00
|
$295.33
|
1993
|
$460.00
|
$306.67
|
1994
|
$482.00
|
$321.33
|
1995
|
$493.00
|
$328.67
|
1996
|
$511.00
|
$340.67
|
1997
|
$521.00
|
$347.33
|
1998
|
$541.00
|
$360.67
|
1999
|
$567.00
|
$378.00
|
2000
|
$589.00
|
$392.67
|
2001
|
$618.00
|
$412.00
|
2002
|
$628.00
|
$418.67
|
2003
|
$644.00
|
$429.33
|
2004
|
$662.00
|
$441.33
|
2005
|
$678.00
|
$452.00
|
2006
|
$704.00
|
$469.33
|
2007
|
$730.00
|
$486.67
|
2008
|
$751.00
|
$500.67
|
2009
|
$767.00
|
$511.33
|
2010
|
$775.00
|
$516.67
|
2011
|
$783.00
|
$522.00
|
2012
|
$809.00
|
$539.33
|
2013
|
$838.00
|
$558.67
|
2014
|
$849.00
|
$566.00
|
2015
|
$862.00
|
$574.67
|
2016
|
$885.00
|
$590.00
|
2017
|
$902.00
|
$601.33
|
2018
|
$932.00
|
$621.33
|
2019
|
$950.00
|
$633.33
|
|
|
|
Ohio's SAWW reverse offset operates as follows: An individual's PT WC benefit amount
is 2/3 of their AWW. The amount is capped, however. If the individual's combined PT
WC and DIB benefits are equal to or greater than the SAWW, their weekly WC benefit amount is capped at a maximum of 2/3 of the SAWW.
Otherwise, the maximum is the SAWW.
The SAWW reverse offset is only possible when an individual's AWW is greater than
the applicable SAWW. The determination whether the SAWW reverse offset applies can
be made by considering only the PT WC amount, the individual's AWW, and the applicable
SAWW. Though the SAWW reverse offset only occurs when an individual is receiving DIB
benefits, the actual amount of DIB benefits is not material to this determination.
-
1.
If the individual AWW is less than or equal to the applicable SAWW, the SAWW reverse
offset does not apply and SSA may offset.
-
2.
If (1) the individual's AWW is greater than the applicable SAWW and (2) PT WC is greater
than 2/3 of the applicable SAWW, SSA may offset.
-
3.
If (1) the individual's AWW is greater than the applicable SAWW and (2) PT WC is equal
to or less than 2/3 the applicable SAWW, reverse offset applies and SSA should not
offset.
NOTE: If you determine that the SAWW reverse offset provision does not apply, you must
also consider whether the DWRF reverse offset applies, see DI 52120.195C in this section. You should also reevaluate whether the SAWW reverse offset applies
for any month where there is a change in the PT WC rate.
Example 1: Reverse offset not applicable - Individual's AWW is less than or equal to applicable
SAWW
AWW
|
$400.00 |
SAWW |
$500.00 |
|
|
An individual's WC benefit is computed as 2/3 of their AWW, subject to a cap of either 2/3 or 100 percent of the applicable SAWW. Reverse offset can occur when
the state's application of the lower cap results in a lower PT WC benefit. But where,
as in Example 1, the individual's AWW is less than or equal to the SAWW, there is
no SAWW reverse offset because 2/3 of the individual's AWW does not exceed the lower
cap, 2/3 of the SAWW. Therefore, applying the higher cap would not increase the individual's
PT WC benefit. In such situations, SSA may offset. However, you must also consider
whether the DWRF reverse offset applies, see DI 52120.195C in this section.
Example 2: Reverse offset not applicable - Individuals AWW greater than applicable SAWW and PT
WC award is greater than 2/3 of the applicable SAWW.
AWW
|
$900.00
|
SAWW
|
$750.00
|
2/3 of SAWW
|
$500.00
|
PT WC
|
$600.00
|
When an individual's AWW is greater than the applicable SAWW, it is possible for a
reverse offset to apply. To tell whether the reverse offset applies, you need only
consider whether the PT WC benefit is greater than 2/3 of the SAWW. If the state is
offsetting PT WC benefits, the PT WC benefits will be capped at 2/3 of the SAWW, the
lower cap. If the PT WC benefit is greater than 2/3 of the SAWW, the state is applying
the higher cap, 100 percent of the SAWW, and therefore, is not reducing the individual's
PT WC benefit. In these situations, reverse offset does not apply and SSA may offset.
In Example 2, the individual's AWW is greater than the applicable SAWW, and the PT
WC award is greater than 2/3 of the SAWW. As a result, the SAWW reverse offset does
not apply and SSA may offset. However, you should also consider whether the DWRF reverse
offset applies, see DI 52120.195C in this section.
Example 3: Reverse Offset Applicable - Individual's AWW greater than applicable SAWW and PT WC
award equal to or less than 2/3 of applicable SAWW
AWW
|
$900.00
|
SAWW
|
$750.00
|
2/3 of SAWW
|
$500.00
|
PT WC |
$500.00
|
In Example 3, the individual's AWW is greater than the applicable SAWW, but the PT
WC award is equal to 2/3 of the applicable SAWW. This means that the state is applying
the lower of the two caps, 2/3 of the SAWW, and is therefore offsetting the individual's
PT WC benefits. As a result, the SAWW reverse offset applies and SSA should not perform the offset.