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/ In 1993 the legislature created the Public Employment Risk Reduction Program (PERRP) to create a safe workplace for public employees. The BWC administers PERRP and you can find more information about PERRP on the BWC’s web site. Wed, 15 May 2013 10:00:00 EST https://www.bwc.state.oh.us/employer/programs/safety/SandHPERRP.asp On May 15, 2013, the Supreme Court held that the Commission can deny an award based on a doctor's addenda to his initial report even though it implicitly rejected the initial report because although addenda relied on same findings as initial report it addressed a different issue. Tue, 15 May 2013 10:00:00 EST https://www.supremecourt.ohio.gov/rod/docs/pdf/0/2013/2013-ohio-1931.pdf We have updated our summaries of recent Ohio Court of Appeals workers' compensation decisions through May 3, 2013. Fri, 03 May 2013 10:00:00 EST http://www.jaffylaw.com/case_recent_ca.html#050313 On April 30, 2013, the Supreme Court held that the Commission properly terminated temporary total based on a report from a limited medical examination because the report identified the basis of the doctor's finding that the condition had reached maximum medical improvement. Tue, 30 Apr 2013 10:00:00 EST https://www.supremecourt.ohio.gov/rod/docs/pdf/0/2013/2013-ohio-794.pdf The governor of Ohio signed the law creating the Industrial Commission on March 14, 1913. In honor of its 100th anniversary, the Industrial Commission created a poster illustrating the Commission’s history. The poster starts in 1885 with the first voluntary attempt to resolve accidents between employers and employees and ends with the 100th anniversary of the Industrial Commission on March 14, 2013. The Commission will display the poster in its offices. You can also see the poster on the Industrial Commission’s website. Tue, 16 Apr 2013 10:00:00 EST http://www.ic.state.oh.us/news/news2013/news2013_pdfs/icposter_100years.pdf We have updated our summaries of recent Ohio Court of Appeals workers' compensation decisions through April 5, 2013. Fri, 05 Apr 2013 10:00:00 EST http://www.jaffylaw.com/case_recent_ca.html#040513 Governor Kasich appointed Jodie Taylor chair of the Industrial Commission. Taylor, the employer member on the Commission, became chair effective February 13, 2013. Tue, 12 Mar 2013 10:00:00 EST http://www.jaffylaw.com/news_current.html#031213 On March 12, 2013, the Supreme Court held that an injured worker discharged for the conduct which caused his injury did not "voluntarily" abandon his employment and therefore remained eligible for temporary total compensation. Tue, 12 Mar 2013 10:00:00 EST https://www.supremecourt.ohio.gov/rod/docs/pdf/0/2013/2013-ohio-794.pdf On March 6, 2013, the Supreme Court held that the BWC cannot transfer part of a previous management company's experience rating to a new company which had contracted with the new owner to take over management of an appartment complex because the new management company is not a successor in interest to the previous management company. Tue, 12 Mar 2013 10:00:00 EST https://www.supremecourt.ohio.gov/rod/docs/pdf/0/2013/2013-ohio-734.pdf We have updated our summaries of recent Ohio Court of Appeals workers' compensation decisions through February 27, 2013. Wed, 27 Feb 2013 10:00:00 EST http://www.jaffylaw.com/case_recent_ca.html#022713 Two recent Supreme Court decisions have limited an injured worker's ability to sue their employer for intentional tort. Mon, 11 Feb 2013 10:00:00 EST http://www.jaffylaw.com/news_2013_inttort.html Industrial Commission Resolution R12-1-03 updated the policy for representatives seeking hearing blocks (times when they do not have any scheduled hearings). The Resolution also updated the Commission's continuance policy. Mon, 11 Feb 2013 10:00:00 EST http://www.jaffylaw.com/news_2013_r12_1_03.html We have updated our summaries of recent Ohio Court of Appeals workers' compensation decisions through February 5, 2013. Tue, 05 Feb 2013 10:00:00 EST http://www.jaffylaw.com/case_recent_ca.html#020513 The 2013 Disabled Worker Relief Fund rates are: $358.62 (weekly) and $1,558.29 (monthly). Mon, 07 Jan 2013 10:00:00 EST http://www.jaffylaw.com/news_current.html#010713 See the 2013 rates for workers' compensation awards on our rates page. Fri, 28 Dec 2012 10:00:00 EST http://www.jaffylaw.com/web_rates.html#2013 Read the Ohio Workers' Compensation Bulletin's article on the Supreme Court's decision that limited R.C. 2745.01, the intentional tort statute, and held that an injured worker can only establish an R.C. 2745.01(A) intentional tort by showing that the employer acted with deliberate intent to cause the injury. Fri, 21 Dec 2012 10:00:00 EST http://www.jaffylaw.com/news_2012_houdek.html On December 6, 2012, the Supreme Court held that an injured worker cannot recover for an employment intentional tort unless the employer deliberately intended to injure the worker, even if the evidence demonstrates that the employer could have avoided a tragic accident by taking necessary precautions. Fri, 07 Dec 2012 10:00:00 EST http://www.sconet.state.oh.us/rod/docs/pdf/0/2012/2012-ohio-5685.pdf On December 5, 2012, the Supreme Court held that an injured worker seeking to participate in an R.C. 4123.512 appeal, must establish all elements of the claim in order to participate, not just those elements determined against them administratively. Fri, 07 Dec 2012 10:00:00 EST http://www.sconet.state.oh.us/rod/docs/pdf/0/2012/2012-ohio-5639.pdf On November 27, 2012, the Supreme Court held that When a claimant has multiple claims, and only establishes the right to participate for some of those claims at trial, R.C. 4123.512(F) does not require apportionment of costs to only reimburse those costs related to the successful claims. Tue, 27 Nov 2012 10:00:00 EST http://www.sconet.state.oh.us/rod/docs/pdf/0/2012/2012-ohio-5380.pdf On November 27, 2012, the Supreme Court held that a report from a doctor who did not conduct a new examination of the injured worker or review the file did not constitute "newly discovered evidence" to justify Commission exercise of continuing jurisdiction. Tue, 27 Nov 2012 10:00:00 EST http://www.sconet.state.oh.us/rod/docs/pdf/0/2012/2012-ohio-5379.pdf Read the Ohio Workers' Compensation Bulletin's article on the Supreme Court's decision that for an R.C. 2745.01 intentional tort "equipment safety guard" means a device designed to shield an operator from injury and the statutory term "deliberate removal" refers to an employer's deliberate decision to eliminate the safety guard. Mon, 26 Nov 2012 10:00:00 EST http://www.jaffylaw.com/news_2012_hewitt.html On November 20, 2012, the Supreme Court held that the term "equipment safety guard" in R.C. 2745.01(C) refers to a devide designed to shield an operator from injury and the term "deliberate removal" refers to an employer's deliberate decision to eliminate the safety guard. Tue, 20 Nov 2012 10:00:00 EST http://www.sconet.state.oh.us/rod/docs/pdf/0/2012/2012-ohio-5317.pdf On October 11, 2012, the Supreme Court held that a worker who took a disability retirement based on a disability which was not related to the workplace injury voluntarily retired and lost eligibility for post-retirement temporary total compensation. Fri, 12 Oct 2012 10:00:00 EST http://www.sconet.state.oh.us/rod/docs/pdf/0/2012/2012-ohio-4639.pdf On October 10, 2012, the Supreme Court held that a decision that the cumulative effect of the disability factors did not support an award of permanent total was within the hearing officer's discretion as the evaluator of the evidence. Wed, 10 Oct 2012 10:00:00 EST http://www.sconet.state.oh.us/rod/docs/pdf/0/2012/2012-ohio-4637.pdf The Commission has scheduled a public hearing on Friday, October 12, 2012, at 1:30 in the William Green Building to consider rule amendments. Mon, 01 Oct 2012 10:00:00 EST http://www.jaffylaw.com/news_2012_icrules.html The Commission revised five policies in the Hearing Officer Manual, which provides guidelines for Commission hearing officers to follow. The Commission revised memo C.3 (jurisdiction over MMI), C.4 (salary continuation), M.5 (documentation submitted by physician assistants, advanced practical nurses, certified nurse practitioners, and clinical nurse specialists), R.2 (Commission hearings -- court reporters) and R.7 use of audiovisiual evidence). Mon, 01 Oct 2012 10:00:00 EST http://www.jaffylaw.com/news_2012_homanual.html On September 20, 2012, the Supreme Court held that if an employer does not notify their employee of discharge within a "reasonable time", the R.C. 4123.90 requirement that an employee must notify the employer of the claimed violation within 90 days does not start until the employee becomes aware (or should have become aware) of the discharge. Thu, 20 Sep 2012 10:00:00 EST http://www.sconet.state.oh.us/rod/docs/pdf/0/2012/2012-ohio-4247.pdf On August 30, 2012, the Supreme Court held that the Commission must examine "the totality of the circumstances" when making a decision involving a claim that an injured worker abandoned their employment when the employer fired them for violating a written work rule because of the abandonment doctrine creates potential for abuse. Fri, 31 Aug 2012 10:00:00 EST http://www.sconet.state.oh.us/rod/docs/pdf/0/2012/2012-ohio-3895.pdf The BWC has adopted new C-84 Request for Temporary Total Compensation) and MEDCO14 (Physician’s Report of Work Ability) forms, effective August 17, 2012. Fri, 17 Aug 2012 10:00:00 EST http://www.jaffylaw.com/news_2012_newttforms.html H. B. 487, the 2012 budget bill, changed the method of payment for amputation awards. The bill amended R. C. 4123.57(B) to provide that amputation awards will be paid in weekly installments, instead of in a lump sum. This provision becomes effective September 10, 2012. Fri, 17 Aug 2012 10:00:00 EST http://www.jaffylaw.com/news_current.html#081712