Settlement Cases: 30 Day Waiting Period
(Supreme Court)
Click on the case name to read the decision on the
Ohio Supreme Court's web site. Decisions which adopt the
decision of a lower court or
Magistrate, or which decide a case based on a previous decision, are
excluded.
Under
R.C. 4123.65, settlement of a workers' compensation claim by an injured
worker and self-insurer must be in writing, and is not effective for 30
days. Court holds that this requirement applies to court settlements as
well as administrative settlements.
Vote: 4-3
Opinion by: Justice Cook
R.C.
4123.65 (30 day cooling off period for settlement agreements) does
not apply to settlements of R.C. 4123.512 appeals in state fund claims.
Vote: 7-0
Opinion by: Justice Sweeney
R.C.
4123.65(C) requires an employer that wants to withdraw consent from a
settlement agreement to notify both the Bureau and the claimant in
writing. Failure to do so makes the settlement agreement binding after
the 30 day cooling off period passes.
Vote: 7-0
Opinion by: Per Curiam
Injured at Work?
Stewart Jaffy &
Associates can help you receive the workers’ compensation
benefits you
are entitled to. We are based in Columbus and represent
injured
workers throughout Ohio before the BWC, Industrial Commission
and
in court.
We also represent people who have social security
disability claims or who have a disability claim before another state
administrative agency (PERS, STRS, SERS or police and fire fighters
disability).
Initial consultations with potential clients are
free. If you are interested in talking with us about a
potential
case, call us at (614) 228-6148.
Stewart Jaffy &
Associates Co.,
LPA | Attorneys at Law
306 E. Gay St. | Columbus, OH 43215
Telephone: (614) 228-6148 | Fax: (614) 228-6140
http://www.jaffylaw.com
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