Two Year Notice Requirement Does Not Apply to Claims for Residual Conditions

Specht v. BP America, Inc. (6/30/99), 86 Ohio St.3d 29:

EXPLANATION OF THE ISSUE: In 1988 the Ohio Supreme Court decided a case called Clementi, which created a time limit for filing for psychiatric conditions and other conditions developing as a result of the initial injury (called "residual injuries"). Clementi required that such claims be filed within two years from the time the injured worker "knew or should have known" of the condition.

This requirement led to a number of problems. In a recent case called Lewis v. Trimble (1997), 79 Ohio St.3d 231, the Supreme Court recognized that the Clementi decision "has generated substantial confusion." The Court also recognized that

Clementi seems to impose upon a claimant requirements that are either not imposed under R.C. 4123.84 or directly conflict with other statutory provisions and case law.

However, because the injured worker in Lewis did not raise the issue of whether Clementi had been properly decided, the Court did not consider that issue.

THE DECISION: In the Specht case, the injured worker had an allowed workers' compensation claim for a back injury in 1985. In 1989, the injured worker filed a claim for an additional psychiatric condition which resulted from the back injury.

The lower courts had dismissed her claim for the psychiatric injury based on Clementi, finding that the psychiatric condition had not been filed within two years of the time that the injured worker "knew or should have known" of the psyciatric condition.

The injured worker argued that Clementi was improperly decided and should be overruled.

The Supreme Court agreed and held in the syllabus of the case:

The two-year notice requirement in R.C. 4123.84(A) does not apply to claims for residual conditions, and these claims must be considered within the Industrial Commission's continuing jurisdiction under R.C. 4123.52. (Clementi v. Wean United, Inc. [1988], 39 Ohio St.3d 342, 530 N.E.2d 909, overruled.)

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