2003 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.

1. Administrative: The rates for workers' compensation awards in 2004 are now available on our rates page. (December, 2003)
   
   
2. Court: An injured worker who has voluntarily abandoned his employment regains eligibility for temporary total after returning to work part-time.  (December, 2003)
   
   
3. Administrative: The BWC's Safety and Hygiene Rules have been renumbered from 4121:1 to 4123:1. These are the rules which are used to establish VSSR violations. This change became effective November 1, 2003. (December, 2003)
   
   
4. Administrative:  The Commission refiled its proposed rules changes  on October 9, 2003.  (December, 2003)
   
   
5. Court: The Supreme Court has found that an employer cannot fire an employee for absenteeism if the reason for the absence is a period of temporary total disability as a result of an industrial injury.   (November, 2003)
   
   
6. Court: The Supreme Court has found that a nurse who changed her career after she could no longer work as a nurse due to an industrial injury did not lose eligibility for wage loss compensation as a result of changing her career. (November, 2003)
   
   
7. Administrative: Update on the Commission's proposed rules changes and testimony from the public hearing. [Note: On September 25, 2003, the Commission withdrew the proposed rules changes; the rules were refiled on October 9, 2003.]  (October, 2003)
   
   
8. Administrative: The Commission is considering changes to rules 4121-3-09 (Conduct of Hearings); 4121-3-13 (Disputed Self-Insuring Employer's Claims); 4121-3-15 (Percentage of Permanent Partial Disability); 4121-3-32 (Temporary Total Disability) and 4121-3-34 (Permanent Total Disability).  (September, 2003)
   
   
9. Court: According to the Supreme Court, the only medical evidence necessary for temporary total is evidence that the inability to return to work is due to the allowed conditions.  The claimant is not required to prove that there are no other disabling conditions.  (August, 2003)
   
   
10. Administrative: Governor Taft reappointed William E. Thompson to the Industrial Commission.  Mr. Thompson's new term begins July 1, 2003, and ends June 30, 2009.  Mr. Thompson, the Employer member on the Commission, has been chair of the Industrial Commission since August, 1997.(July, 2003)
    
    
11. Administrative: The BWC announced that it will charge employers the full amount of the workers' compensation premium which they owe for the July 1, 2003 - June 30, 2004 policy year.  This is only the second time since 1996 that employers will be charged the full amount.  The Bureau also announced that premiums would be increased by 9%. (July, 2003)
    
    
12. Court: The Supreme Court has upheld an Industrial Commission decision to award temporary total to a claimant who earned rental income from properties he owned. (June, 2003)
    
    
13. Court: The Supreme Court held that an injured worker was entitled to working wage loss when he returned to a lower paying job for the employer he had worked for when injured, even though he did not conduct a job search. (June, 2003)
    
    
14. Administrative: Hearing Officer policy issued regarding claims for exposure to bodily fluids. (May, 2003)
    
    
15. Administrative: Commission issues resolution governing attorney fee authorization requirements. (May, 2003)
    
    
16. Administrative: The BWC has announced a plan to reduce the number of customer service offices. (April, 2003)
    
    
17. Administrative: The Industrial Commission has adopted a new resolution, R03-1-02, indicating what medical evidence is necessary for asbestos related cases. (April, 2003)
    
    
18. Court: Another Court of Appeals has declared the previous subrogation law unconstitutional.    (March, 2003)
    
    
19. Administrative: The Commission has adopted Hearing Officer's Manual  Memo M.6. This policy, which became effective on February 10, 2003,   provides that Licensed Professional Clinical Counselors  and Independent Social Workers  can provide evidence within their specialties of an injured worker's condition. Such evidence should be considered in the allowance of a claim; however,  such evidence alone is not sufficient to certify disability. (March, 2003)
    
    
20. Legislative: The Governor has signed a new subrogation law, which will become effective April 9, 2003.  The bill will apply to workers who have a workplace injury which involves a potential "third party action" (an action arising outside of the workers' compensation system). (February, 2003)
    
    
21. Legislative: The funeral benefits limit for workers' compensation death cases has been raised from $3,200 to $5,500.  This change will be effective April 9, 2003. (February, 2003)
    
    
22. Court: The Ohio Supreme Court  ruled that suspicionless random drug/alcohol testing of injured workers violates the workers' right to privacy under the United States and Ohio Constitutions. The Ohio Supreme Court has denied a motion for reconsideration of this decision. (January, 2003)
    
    
23. Administrative: The rates for workers' compensation awards in 2003 are now available on our rates page. (January, 2003)