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2000
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 2000:
- Administrative: Rates for injuries in 2001 are now available on our rates
page. (December, 2000)
- Legislative:
The Legislature has passed Am. Sub. H.B.
122, which amends R.C. 4123.54 and provides a "rebuttable presumption"
in certain cases that an injury was caused by a controlled substance.
If an injury is caused by a controlled substance, workers' compensation
will not be paid. (December, 2000)
- Court: The
Ohio Supreme Court has held that when an injured worker dies while owed
workers' compensation benefits, the injured worker's estate is entitled
to receive the benefits which were due the injured worker. (December,
2000)
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Administrative: The
BWC's project for providing internet access to claim information,
called the "dolphin project" is now on-line. The BWC's web site now
permits you to file a claim on-line, as well as change some personal
information relating to your claim. Additional improvements are
expected in December 2000, February 2001 and April 2001. (November,
2000)
- Administrative: The BWC and IC have adopted a
joint rule, O.A.C. 4125-1-02, dealing with electronic submission and
acceptance of documents. The rule became effective October 1, 2000. (October,
2000)
- Court: The
Supreme Court has issued its new decision in State, ex rel.
Baker v. Indus. Comm. The new decision holds that an injured
worker remains eligible for temporary total after leaving the job they
had been doing when injured to work at a different job. (September,
2000)
- Legislative:
The governor has signed two bills dealing with electronic records which
will permit the use of electronic records and electronic signatures. (July,
2000)
- Legislative:
The Ohio House of Representatives has approved a bill which would deny
workers' compensation benefits to employees under the influence of
alcohol or other drugs at the time of injury. (June, 2000)
- Administrative:
The Industrial Commission has issued a new policy regarding when
hearing officers can make a determination that the injured worker's
condition is at maximum medical improvement. (June, 2000)
- Court: A
discussion of the oral argument (including some questions asked by the
Court) in the Baker case (which involves the issue of
whether an injured worker gives up the right to future temporary total
benefits by leaving the job of injury). (June, 2000)
- Court: The
Franklin County Court of Appeals found that the BWC's reduction of
premiums paid by State Fund Employers was improper. (April, 2000)
- Administrative: After public hearing on March
20, 2000, the Commission has withdrawn the proposed permanent partial
rule. (April, 2000)
- Court: The Supreme
Court denied a VSSR award where the employer had complied with the
safety code requirements and the injury occurred due to the employee's
unilateral negligence. (April, 2000)
- Court: Supreme Court denies temporary total when injured worker
fired pursuant to employer's drug policy. (April, 2000)
- Court: Supreme Court
grants reconsideration in Baker case, which held that an
injured worker who leaves the job of injury may forfeit eligibility for
future temporary total. (March, 2000)
- Court: Leaving employment of injury for better (or different) job
may bar temporary total. (March, 2000)
- Court: Permanent partial and permanent total cannot be received for
same time. (March, 2000)
- Court: Court of Appeals finds MCO program improperly funded. (March,
2000)
- Administrative: Commission considers amending permanent partial rule. (February,
2000)
- Court:
Supreme Court rules MCO program consitutional. (February, 2000)
- Administrative: 2000 compensation rates. (January, 2000)
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