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 Industrial Commission has adopted an “agreement as to compensation for permanent partial disability”, form IC-GC-1. Parties can use this form to agree to the amount of a permanent partial award. When signing the form the parties agree to the amount of permanent partial. The form also states that the parties waive their right to notice of hearing and their right to appeal the award. Wed, 16 May 2012 10:00:00 EST http://www.ic.state.oh.us/forms/forms_pdfs/icgc1.pdf On May 16, 2012, the Supreme Court held that an employer cannot claim the employee's unilateral negligence bars a VSSR award when the employer failed to comply with the safety requirement. Wed, 16 May 2012 10:00:00 EST http://www.sconet.state.oh.us/rod/docs/pdf/0/2012/2012-ohio-2125.pdf We have updated our summaries of recent Ohio Court of Appeals workers' compensation decisions through May 1, 2012. Tue, 01 May 2012 10:00:00 EST http://www.jaffylaw.com/case_recent_ca.html#050112 Read the Ohio Workers' Compensation Bulletin article on the Supreme Court's decision that an injured worker who worked at a job involving seasonal unemployment can have those weeks of unemployment excluded from the average weekly wage calculation, as long as the period of unemployment was not due to a lifestyle choice. Tue, 17 Apr 2011 10:00:00 EST http://www.jaffylaw.com/news_2012_warner.html Read the Ohio Workers' Compensation Bulletin article on the Supreme Court's decision that a party can pursue an R.C. 4123.512 appeal to court even if they did not name the Administrator of the BWC as a party to the appeal. Tue, 17 Apr 2011 10:00:00 EST http://www.jaffylaw.com/news_2012_spencer.html On April 12, 2012, the Supreme Court held that it cannot uphold an order containing major mistakes in fact and law. Fri, 13 Apr 2012 10:00:00 EST http://www.sconet.state.oh.us/rod/docs/pdf/0/2012/2012-ohio-1588.pdf On March 29, 2012, the Supreme Court held that the Commission did not abuse its discretion in terminating permanent total and declaring an overpayment based on a finding that an ongoing pattern of illegal activity demonstrated ability to perform sustained remunerative employment. Fri, 30 Mar 2012 10:00:00 EST http://www.sconet.state.oh.us/rod/docs/pdf/0/2012/2012-ohio-1296.pdf Read summaries of recent Ohio Court of Appeals workers' compensation decisions. Updated through March 30, 2012. Fri, 30 Mar 2012 10:00:00 EST http://www.jaffylaw.com/case_recent_ca.html#033012 On March 22, 2012, the Supreme Court held that the Commission should exclude weeks of unemployment beyond the injured worker's control from the average weekly wage calculation rather than adding amounts of unemployment compensation benefits received to wages. Mon, 26 Mar 2012 10:00:00 EST http://www.sconet.state.oh.us/rod/docs/pdf/0/2012/2012-ohio-1084.pdf On March 14, 2012, the Supreme Court held that an injured worker could not pursue a mandamus challenge because her failure to appeal SHO orders to the Industrial Commission meant that she had not exhausted her administrative remedies. Thu, 15 Mar 2012 10:00:00 EST http://www.sconet.state.oh.us/rod/docs/pdf/0/2012/2012-ohio-999.pdf The Industrial Commission is adding video evidence to its document management system. See our web site for more information. Thu, 08 Mar 2012 10:00:00 EST http://www.jaffylaw.com/news_current.html#030812 On March 8, 2012, the Supreme Court held that the failure to name or serve the Administrator of the BWC as a party on an R.C. 4123.512 appeal does not deprive the court of jurisdiction. Thu, 08 Mar 2012 10:00:00 EST http://www.sconet.state.oh.us/rod/docs/pdf/0/2012/2012-ohio-880.pdf Read summaries of recent Ohio Court of Appeals workers' compensation decisions. Updated through February 29, 2012. Wed, 29 Feb 2012 10:00:00 EST http://www.jaffylaw.com/case_recent_ca.html#022912 The 2012 Disabled Worker Relief Fund rates are: $350.60 (weekly) and $1,527.63 (monthly). Wed, 15 Feb 2012 10:00:00 EST http://www.jaffylaw.com/news_current.html#021512 On February 15, 2012, the Supreme Court held that a worker who had abandoned his employment and lost eligibility for temporary total did not regain eligibility solely because his condition worsened. Wed, 15 Feb 2012 10:00:00 EST http://www.sconet.state.oh.us/rod/docs/pdf/0/2012/2012-ohio-542.pdf Read summaries of recent Ohio Court of Appeals workers' compensation decisions. Updated through January 30, 2012. Mon, 30 Jan 2012 10:00:00 EST http://www.jaffylaw.com/case_recent_ca.html#013012 Members of the Industrial Commission will now sign orders electronically. Under the new procedure, Commissioners can sign orders in discretionary appeals remotely which will help eliminate delays. Wed, 11 Jan 2012 10:00:00 EST http://www.jaffylaw.com/news_current.html#011112 On January 10, 2012, the Supreme Court held that a worker who quit his job abandoned his employment and was barred from temporary total. There was no evidence that he had taken another job which would have reinstated his eligibility for temporary total. Wed, 11 Jan 2012 10:00:00 EST http://www.sconet.state.oh.us/rod/docs/pdf/0/2012/2012-ohio-26.pdf On December 20, 2011, the Supreme Court held that the Commission abused its discretion by ordering payment of a medical bill when there was no evidence indicating potential connection between the allowed condition and the treatment. Tue, 20 Dec 2011 10:00:00 EST http://www.sconet.state.oh.us/rod/docs/pdf/0/2011/2011-ohio-6525.pdf Read the Ohio Workers' Compensation Bulletin article on the Supreme Court's decision that eyewitness testimony is not required for the Commission to find a VSSR. Fri, 16 Dec 2011 10:00:00 EST http://www.jaffylaw.com/news_2011_donohoe.html See the rates for 2012 workers' compensation awards on our rates page. Fri, 16 Dec 2011 10:00:00 EST http://www.jaffylaw.com/web_rates.html#2012 On December 1, 2011, the Supreme Court held that the Commission did not abuse its discretion by denying permanent total based on the failure of the injured worker to participate in vocational rehabilitation where the injured worker was medically capable of sustained remunerative employment and also had not attempted rehabilitation but been prevented from completing rehabiliation due to circumstances beyond his control. Thu, 01 Dec 2011 10:00:00 EST http://www.sconet.state.oh.us/rod/docs/pdf/0/2011/2011-ohio-6047.pdf On November 30, 2011, the Supreme Court held that inconsistencies in a doctor's report which do not affect the validity of the doctor's opinion that surgery is not necessary due to the allowed condition do not invalidate the report. Wed, 30 Nov 2011 10:00:00 EST http://www.sconet.state.oh.us/rod/docs/pdf/0/2011/2011-ohio-6036.pdf The Supreme Court found that an injured worker who applies for permanent total compensation after they retired is not required to provide medical evidence from the time they retired to establish that the retirement occurred because of the injury. Wed, 23 Nov 2011 10:00:00 EST http://www.jaffylaw.com/news_2011_cinergy.html The Supreme Court has found that eyewitness evidence is not required for the Commission to find a VSSR occurred and, therefore, a Commission order which can be interpreted to deny a VSSR award because there was no eyewitness evidence is invalid. Thu, 17 Nov 2011 10:00:00 EST http://www.sconet.state.oh.us/rod/docs/pdf/0/2011/2011-ohio-5798.pdf The Supreme Court held that a six year statute of limitations applies to R.C. 4123.931(G) subrogation claims. Fri, 28 Oct 2011 10:00:00 EST http://www.jaffylaw.com/news_2011_mckinley.html The Supreme Court has found that an injured worker is not required to provide medical evidence prepared at the time of retirement to establish voluntary nature of retirement because Commission is entitled to draw inferences from any evidence submitted to determine about whether or not a retirement was voluntary. Tue, 04 Oct 2011 10:00:00 EST http://www.sconet.state.oh.us/rod/docs/pdf/0/2011/2011-ohio-5027.pdf