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1998
Ohio Workers' Compensation News
The Ohio Workers'
Compensation Bulletin provides updates on what is happening in the
Ohio workers' compensation system -- whether in the Ohio legislature, the
Ohio Industrial Commission, the Ohio Bureau of Workers' Compensation, or the courts. Subscription
information is available here.
The following news was posted in 1998:
- Administrative: 1999
compensation rates. (December, 1998)
- Court: A third
Court of Appeals declares intentional tort statute unconstitutional. (December,
1998)
- Court: Supreme
Court rules fire fighter with R.C. 4123.68(W) occupational disease not
entitled to wage loss. (November, 1998)
- Court: Common
Pleas judge upholds MCO program. (October, 1998)
- Administrative:
Commission issues new resolution applying Russell
decision, which declared Commission temporary total overpayment policy
invalid. (August, 1998)
- Court: Supreme
Court declares commission temporary total overpayment policy invalid. (August,
1998)
- Court: Supreme
Court permits injured worker with psychiatric only claim to sue
employer for negligence. (August, 1998)
- Court: Another
Court of Appeals declares intentional tort statute unconstitutional. (August,
1998)
- Court:
New Supreme Court decision practice for workers' compensation cases. (July,
1998)
- Administrative:
Permanent total update: permanent total statistics for the first
quarter of 1998.(July, 1998)
- Administrative:
Employers receive $2 billion in BWC rebates. (July, 1998)
- Administrative:
The BWC has new medical "treatment plan approval guidelines", which
will be effective on June 1, 1998. (May, 1998)
- Administrative:
The Industrial
Commission's web site now has the Commission's resolutions. (May,
1998)
- Administrative:
Industrial Commission adopts Resolution R98-1-3, revising guidelines
for Commission determination to grant reconsideration. (May, 1998)
- Court: In State,
ex rel. Nicholls v. Indus. Comm. (1998), 81 Ohio St.3d 454, the
Supreme Court held that the Industrial Commission's authority to grant
reconsideration from a Staff Hearing Officer's order awarding permanent
total disability compensation is limited. (May, 1998)
- Court: A case
has been filed in the Ohio Supreme Court challenging the practice of
permitting Managed Care Organizations (MCOs) to terminate medical
treatment in workers' compensation claims. (May, 1998)
- Court: Supreme
Court decision in Ruckman v. Cubby Drilling involving an
injury while traveling to work, holds that injury is compensable. (March,
1998)
- Administrative:
Industrial Commission Resolution R98-1-02, adopted February 12, 1998,
instructs its hearing officers how to apply Greene v. Conrad
(8/21/97), Franklin Co. App. No. 96APE12-1780. The resolution applies
to situations where an injured worker has had a claim denied by the
Bureau and then refiles a claim. (March, 1998)
- Administrative:
Wage loss page posted. Page includes text of wage loss rule, an index
to the rule, and a revised summary of the rule. (February, 1998)
- Court: Supreme
Court decision in the Stivison case that an injury which
occurred due to work is not compensable under workers' compensation. (February,
1998)
- Court:
Supreme Court decision in the Williams-Laker case that an
injured worker is entitled to wage loss compensation for time missed
from work to receive medical treatment for the injury. (February,
1998)
- Administrative: 1998
rates of compensation. (January, 1998)
- Administrative:
Permanent total statistics, 1997. (January, 1998)
- Election: The
amount spent on Issue 2 by both sides. (January, 1998)
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