Common Pleas Judge Upholds MCO Program

Northwestern Ohio Building and Construction Trades v. Conrad (9/8/98), Franklin Common Pleas No. 97CVH08-8508

In Northwestern Ohio Building and Construction Trades v. Conrad (9/8/98), Franklin Common Pleas No. 97CVH08-8508, a Common Pleas Court Judge ruled that the MCO program was valid.

The Judge ruled that the MCO Program does not conflict with Ohio Constitution Art. II, Sec. 35 (which is the provision which authorizes the Workers' Compensation system). The claim was made that the MCO program involves an improper use of workers' compensation funds. The judge stated that the use of funds related to, or was incidental to, workers' compensation.

The Judge also ruled that the MCO Program does not involve an unconstitutional delegation of authority, and does not involve unconstitutional transfer of decision-making power. The Judge stated that that the MCO had no authority to "solely decide" treatment issues, and no "final" decision making power -- and therefore had "no power to decide when funds should be removed."

It is expected that this matter will ultimately be determined by the Ohio Supreme Court. In July, 2001, the Ohio Supreme Court upheld the Common Pleas Court's decision that the MCO Progran was constitutional. To read about that Supreme Court decision, click here.