Provides news and information about the Ohio workers' compensation system, including: administrative news, summaries of Ohio court decisions on workers' compensation issues and workers' compensation rates. http://www.jaffylaw.com/ The BWC has hired Dr. Robert Balchick to be the BWC's medical director. The medical director will direct the development of the BWC's medical policy and will oversee the medical components of workers' compensation claims. Fri, 12 Sep 2008 10:00:00 EST http://www.jaffylaw.com/news_current.html#091208 Summaries of recent Court of Appeals decisions have been updated through September 12, 2008. Summaries have been added for cases finding (1) the "going and coming" rule applies to a home health care worker who only worked at home of one patient and who was only paid for time worked at home of patient. (<i>Mitchell v. Cambridge Home Health Care, Inc.</i>); (2) because a non-allowed condition cannot be used to deny temporary total when the allowed condition renders the injured worker temporarily and totally disabled, and because the non-allowed condition prevented treatment only for a short period of time, the existence of a non-allowed condition does not support finding that injured worker's condition was at maximum medical improvement until that non-allowed condition was resolved. (<i>State ex rel. Brown v. Plastics Products Div.</i>); (3) a traveling employee injured in a fight started by another at a hotel he was required to stay in by the employer is entitled to participate for injury. (<i>Masden v. CCI Supply, Inc. </i>); and (4) the Commission did not abuse its discretion when it terminated temporary total compensation upon award of statutory permanent total. (<i>State ex rel. Bennett v. Indus. Comm.</i>). Fri, 12 Sep 2008 10:00:00 EST http://www.jaffylaw.com/case_index.html#091208 On September 11, 2008, the Supreme Court issued a decision holding that the Commission must explicitely state the basis of an exercise of continuing jurisdiction and cannot "informally" or "silently" exercise continuing jurisdiction. (lt;i>State, ex rel. Internatl Truck & Engine Corp. v. Indus. Comm.). Thu, 11 Sep 2008 10:00:00 EST http://www.jaffylaw.com/case_recent.html#091108 Summaries of recent Court of Appeals decisions have been updated through August 28, 2008. Summaries have been added for cases finding (1) an attempted R.C. 4123.512 appeal which did not indicate what order was being appealed and which did not notify all parties of the attempt to appeal was not in "substantial compliance" and did not provide the trial court with jurisdiction over the appeal. (<i>Howard v. Penske Logistics, L.L.C. </i>); (2) an employer is not entitled to immunity under R.C. 4123.74 from lawsuit resulting from rape by a co-employee. (<i>Prewitt v. Alexson Servs., Inc.</i>); and (3) a trial Court has jurisdiction to hear R.C. 4123.512 appeal from an Industrial Commission decision not to terminate a claim based on the employer's allegation of fraud. (<i>Benton v. Hamilton Cty. Educational Serv. Ctr.</i>). Tue, 02 Sep 2008 10:00:00 EST http://www.jaffylaw.com/case_index.html#090208 Summaries of recent Court of Appeals decisions have been updated through August 15, 2008. Summaries have been added for cases finding (1) only a written job offer which identifies the specific position being offered and the duties of that position can be considered when determining whether the employer made a "suitable" offer of alternative employment which will justify termination of temporary total. (<i>State ex rel. Scott v. Indus. Comm.</i>); (2) medical evidence supported jury finding that injured worker suffered condition sought in additional allowance. Difference in terminology between condition sought and condition medical evidence supported was due to poor drafting of condition sought, not evidence that a different condition was proved than that sought. (<i>Plotner v. Family Dollar Stores</i>); and (3) death resulting from deceased worker's own horseplay is not compensable. (<i>Keating v. Classic East, Inc.</i>). Fri, 15 Aug 2008 10:00:00 EST http://www.jaffylaw.com/case_index.html#081508 The Industrial Commission has added the ability to request cancellation of a hearing on ICON (the Industrial Commission Online Network). Online requests to cancel a hearing must be made two days before the hearing date. When you request cancellation of a hearing, fax any documentation in support of the request, along with a cover letter indicating what it is, to the Regional Hearing Administrator in the region in which is hearing the claim. Requests to cancel a hearing less than two days before the hearing date can be made by submitting a written request to the Hearing Administrator’s Office in the region which is hearing the claim. Thu, 14 Aug 2008 10:00:00 EST http://www.jaffylaw.com/news_current.html#081408 On August 13, 2008, the Supreme Court issued a decision holding that the Commission did not abuse its discretion in relying on the report of a reviewing doctor (who did not examine injured worker) over the report of the examining doctor when it determined to deny temporary total. (<i>State, ex rel. Bercaw v. Sunnybreeze Health Care Corp.). Thu, 14 Aug 2008 10:00:00 EST http://www.jaffylaw.com/case_recent.html#081308 On August 12, 2008, the Supreme Court issued a decision holding that an order which states that it considered "all relevant evidence", but does not discuss relevant evidence contained in the record, is not a valid order. (<i>State, ex rel. Scouler v. Indus. Comm.). Thu, 14 Aug 2008 10:00:00 EST http://www.jaffylaw.com/case_recent.html#081208 Summaries of recent Court of Appeals decisions have been updated through July 22, 2008. Summaries have been added for cases finding (1) an injured worker's testimony about facts leading to his decision to resign provided "some evidence" to support Commission's finding that resignation was not a voluntary abandonment of employment. (<i>State ex rel. G & J Pepsi Cola Portsmouth Bottling Co. v. Indus. Comm.</i>); (2) R.C. 4123.54 requires factual determinations to be made regarding whether employer and employee opted out of Ohio's workers' compensation system, therefore summary judgment cannot be granted if there are genuine issues of material fact. (<i>Portman v. Mabe</i>); and (3) an employer's failure to object to jury instruction on causation in case where stress caused a physical injury results in waiver of right to claim on appeal that instruction was inaccurate or confusing. (<i>Henry v. Lincoln Elec. Holdings, Inc.</i>). Tue, 05 Aug 2008 10:00:00 EST http://www.jaffylaw.com/case_index.html#080508 Governor Strickland signed Am. Sub. S.B. 334, a bill primarily concerned with coordinating workers' compensation coverage between Ohio and other states. Wed, 09 Jul 2008 10:00:00 EST http://www.jaffylaw.com/news_2008_sb_334.html Summaries of recent Court of Appeals decisions have been updated through July 1, 2008. Summaries have been added for cases finding (1) an employer is entitled to judgment on the pleadings when the claimant fails to refile a complaint within one year of voluntary dismissal in a case where the employer filed an appeal from the administrative decision. (<i>Gambrel v. C.J. Mahan Constr. Co.</i>); (2) a chiropractor's opinion is valid evidence even though one question asked him to give his opinion to a reasonable degree of "medical" certainty. (<i>Battista v. Ameritech Corp./SBC</i>); (3) a court properly allowed testimony of medical experts whose opinions were mainly based on facts or data perceived by the doctor. (<i>Short v. Shelly & Sands, Inc.</i>); (4) an employer is entitled to judgment on the pleadings when the claimant fails to refile a complaint within one year of voluntary dismissal in a case where the employer filed an appeal from the administrative decision. (<i>Landon v. Advance Stores Co., Inc.</i>); and (5) a trial court did not err in giving jury instruction on aggravation which stated that it is not necessary to prove that an aggravation "is substantial" in order for an injured worker to participate in the fund for an aggravation (in a case involving an injury before the effective date of the 2006 amendments). (<i>Azbell v. Newark Group, Inc.</i>). Tue, 01 Jul 2008 10:00:00 EST http://www.jaffylaw.com/case_index.html#070108 The Industrial Commission issued six new or amended hearing officer memos on May 5, 2008. Fri, 06 Jun 2008 10:00:00 EST http://www.jaffylaw.com/news_2008_ho_memos.html On June 12, 2008, the Supreme Court issued a decision holding that termination of employment only constitutes a "voluntary abandonment" which bars temporary total if injured worker knew or should have known that termination was a possible consequence of worker's actions. (<i>State, ex rel. Valley Interior Systems, Inc. v. Indus. Comm). Tue, 17 Jun 2008 10:00:00 EST http://www.jaffylaw.com/case_recent.html#061208 Summaries of recent Court of Appeals decisions have been updated through May 7, 2008. Summaries have been added for cases finding (1) evidence of exposure to asbestos in employment, and medical evidence that the exposure to asbestos in employment caused the asbestos-related occupational disease, was sufficient to present claim for workers' compensation benefits to the jury. (<i>Gomez v. Sauder Woodworking Co.</i>); (2) a previous decision that an injured worker was not entitled to permanent total compensation because disability factors indicated she would be capable of sustained remunerative employment within her physical capabilities does not bar a future finding that the injured worker is entitled to permanent total compensation when her medical condition deteriorates and renders her physically incapable of sustained remunerative employment. (<i>State ex rel. Distrib. Fulfillment Servs., Inc. v. Indus. Comm. lt;/i>); and (3) a trial court properly restricted the testimony of an expert witness to contents of report, consistent with local court rule. (<i>Gomcsak v. U.S. Steel Corp.;/i>). Tue, 27 May 2008 10:00:00 EST http://www.jaffylaw.com/case_index.html#052708 On May 15, 2008, the Supreme Court issued a decision holding that the Commission did not abuse its discretion in determining that an individual who was paid for activities done to promote a business was engaged in sustained remunerative employment. (<i>State, ex rel. McDaniel v. Indus. Comm). Tue, 20 May 2008 10:00:00 EST http://www.jaffylaw.com/case_recent.html#051508 Summaries of recent Court of Appeals decisions have been updated through May 7, 2008. Summaries have been added for cases finding (1) a worker who was injured after slip and fall on public sidewalk was not entitled to participate in the workers' compensation system when there was no evidence that the employer exercised control over the sidewalk where fall occurred. (<i>Millsap v. Lucas Cty.</i>); (2) a worker who was injured after fall on public sidewalk was entitled to participate in workers' compensation system even though employer did not exercise control over the sidewalk where the fall occurred when the injured worker was walking to work after having parked her car in an employer-provided parking lot. (<i>Collins v. W. S. Life Ins. Co.lt;/i>); and (3) a housekeeper who was injured while picking up litter in the course of her employment was entitled to participate in the workers' compensation fund for her injury. (<i>Emmert v. Mabelt;/i>). Wed, 07 May 2008 10:00:00 EST http://www.jaffylaw.com/case_index.html#050708 In response to the Wise decision, on May 5, 2008, the Commission adopted a new section of the Hearing Officer Manual, Memo 03, setting forth the standards for hearing officers to follow in reviewing settlements. Wed, 06 May 2008 10:00:00 EST http://www.jaffylaw.com/doc_2008_memo_o8.pdf The Supreme Court ruled in Wise that a settlement which did not set forth an explanation of why the settlement is desired is invalid. See our web site for a discussion of the Court's decision and the BWC's reaction to the decision. Wed, 06 May 2008 10:00:00 EST http://www.jaffylaw.com/news_2008_wise.html Summaries of recent Court of Appeals decisions have been updated through April 17, 2008. Summaries have been added for cases finding (1) a worker who was hired and paid by one employer and then contracted out to a second employer was an employee of the second employer under the "dual employment" doctrine when the second employer controlled the worker's day-to-day employment duties; therefore R.C. 4123.74, which provides an employer which provides workers' compensation coverage with immunity from a negligence suit applies to second employer. (<i>Wolf v. Big Lots Stores, Inc.</i>); (2) the R.C. 4123.84 "injury" statute of limitations applies to a gradually developing injury; the R.C. 4123.85 "occupational disease" statute of limitations does not apply when there is a gradually developing injury. (<i>Brink v. Olson Cold Storage, Ltd.lt;/i>); (3) a Common Pleas Court lacks jurisdiction over an R.C. 4123.512 appeal from denial of temporary total compensation. (<i>Kuhn v. Schmidt Bros., Inc.lt;/i>); and (4) an officer of a corporation is not excluded from the definition of "employee" and is entitled to participate if injured in their employment. (<i>Carter v. R & B Pizza Co., Inc., Inc.lt;/i>). Wed, 06 May 2008 10:00:00 EST http://www.jaffylaw.com/case_index.html#050608 On April 30, 2008, the Supreme Court issued a decision holding that the Commission properly applied the "special circumstances" provision of R.C. 4123.61 to recalculate the average weekly wage of a worker who was injured shortly after she began working full-time. (<i>State, ex rel. Ohio State Univ. Hosp. v. Indus. Comm). Wed, 30 Apr 2008 10:00:00 EST http://www.jaffylaw.com/case_recent.html#043008 The Supreme Court has held that federal workers' compensation law preempts a state intentional tort lawsuit. Fri, 18 Apr 2008 10:00:00 EST http://www.jaffylaw.com/news_2008_talik.html On April 16, 2008, the Supreme Court issued decisions holding (1) when an injured worker's condition had apparently resolved after the injury, and the injured worker was not receiving treatment due to the injury, a medical report which merely indicated a percentage of permanent partial impairment without explanation of any change in condition was not "new and changed circumstances" to support a new permanent partial award. (<i>State, ex rel. Ross v. Indus. Comm); and (2) a settlement application which does not comply with the statutory requirement that it set forth the reason why the settlement is desirable is invalid. (<i>State, ex rel. Wise v. Indus. Comm). Wed, 16 Apr 2008 10:00:00 EST http://www.jaffylaw.com/case_recent.html#041608 On April 9, 2008, the Supreme Court issued a decision holding that an employer which pays wage replacement instead of temporary total compensation is not required to pay the injured worker an amount equal to the entire amount of temorary total due because it is entitled to an offset for taxes withheld. (<i>State, ex rel. Gen. Motors. Corp. v. Indus. Comm). Wed, 16 Apr 2008 10:00:00 EST http://www.jaffylaw.com/case_recent.html#040908 On April 3, 2008, the Supreme Court issued a decision holding that when determining which employer is charged with responsibility for occupational disease involving a long latency period, the "last injurious exposure" rule applies. (<i>State, ex rel. Pilkington N. Am., Inc. v. Indus. Comm). Wed, 16 Apr 2008 10:00:00 EST http://www.jaffylaw.com/case_recent.html#040308 On April 2, 2008, the Supreme Court issued a decision holding that a doctor's opinion that an injured worker was temporary total based on the allowed psychological condition of "depressive disorder" was some evidence to support a temporary total award even though the doctor had previously indicated the disability was due to a "major depression" because the doctor consistently indicated disability due to a depressive condition, and the only difference between the two conditions was the severity of the depression. (<i>State, ex rel. L.P. Cavett Co. v. Indus. Comm). Wed, 16 Apr 2008 10:00:00 EST http://www.jaffylaw.com/case_recent.html#040208 Summaries of recent Court of Appeals decisions have been updated through March 26, 2008. Summaries have been added for cases finding (1) the employer in a negligence suit was not entitled to summary judgment based on workers' compensation immunity where evidence did not establish that there was no issue of fact as to whether injury during physical therapy sessions conducted at employer-hospital's factility occurred in the course of and arising out of employment. (<i>Saunders v. Holzer Hosp. Found.</i>); (2) evidence of decedent's general good health, medical opinions that fall was cause of death, and lack of evidence that decedent suffered a seizure was sufficient to eliminate idiopathic causes and support dependent's entitlement to death benefits. (<i>Thatcher v. Exterior Sys., Inc.lt;/i>). Wed, 26 Mar 2008 10:00:00 EST http://www.jaffylaw.com/case_index.html#032608 On March 19, 2008, the Supreme Court issued a decision holding that the Commission's order continuing temporary total was supported by "some evidence." (<i>State, ex rel. Airborne Freight Corp. v. Indus. Comm). Wed, 19 Mar 2008 10:00:00 EST http://www.jaffylaw.com/case_recent.html#031908 On March 13, 2008, the Supreme Court issued a decision holding that the U.S. Longshore and Harbor Workers' Compensation Act pre-empts a state law claim for intentional tort. (<i>Talik v. Fed. Marine Terminals Inc.). Wed, 19 Mar 2008 10:00:00 EST http://www.jaffylaw.com/case_recent.html#031308 On March 5, 2008, the Supreme Court issued a decision holding that a notice of appeal from a BWC order which listed the wrong date for the order "substantially complied" with the requirements of R.C. 4123.511. (<i>State, ex rel. Lapp Roofing & Sheet Metal Co., Inc. v. Indus. Comm). Wed, 05 Mar 2008 10:00:00 EST http://www.jaffylaw.com/case_recent.html#030508 The Supreme Court has ruled that the workers' compensation subrogation system is constitutional. Tue, 04 Mar 2008 10:00:00 EST http://www.jaffylaw.com/news_2008_groch.html On February 21, 2008, the Supreme Court issued decisions holding that (1) a doctor's opinion that a claimant is "legally blind" is evidence to support an award for loss of sight in the eye. (<i>State, ex rel. Autozone, Inc. v. Indus. Comm.); and (2) the Workers' compensation subrogation statute does not violate the Ohio Constitution's takings clause (Art. I, Sec. 19), due process and remedies clause (Art. I, Sec. 16), or equal protection clause (Art. I, Sec. 2). (<i>Groch v. Gen. Motors. Corp.). Mon, 25 Feb 2008 10:00:00 EST http://www.jaffylaw.com/case_recent.html#022108 Starting in March, 2008, the BWC will make all scheduled bi-weekly payments to injured workers through electronic deposits. Injured workers will be able to give the BWC a bank account number for the automatic deposit of benefits. If the injured worker does not give the BWC a bank account number, the BWC will provide a debit card through Chase Bank which will permit access to benefits. Wed, 13 Feb 2008 10:00:00 EST http://www.jaffylaw.com/news_current.html#021308 On February 13, 2008, the Supreme Court issued a decision holding that an injured worker who voluntarily abandoned their employment does not lose eligibility for temporary total if they were medically incapable of returning to their former position of employment when they voluntarily abandoned their employment. (<i>State, ex rel. Reitter Stucco, Inc. v. Indus. Comm.). Wed, 13 Feb 2008 10:00:00 EST http://www.jaffylaw.com/case_recent.html#021308 The Supreme Court has held that public policy does not prevent an employer from firing an injured worker while they are temporarily and totally disabled due to a work injury. Tue, 22 Jan 2008 10:00:00 EST http://www.jaffylaw.com/news_2008_bickers.html The rates for workers' compensation awards in 2008 are now available on our rates page. Tue, 4 Dec 2007 10:00:00 EST http://www.jaffylaw.com/web_rates.html#2008