| The following
information is provided courtesy of the Ohio Workers'
Compensation Bulletin. For information about the Bulletin
click
here.
Governor Signs Subrogation Law
On
January 8, 2003, Governor Taft signed Senate Bill 227, which provides a
new
workers' compensation subrogation law. The new law is effective
April 9, 2003. [The previous subrogation law
was declared unconstitutional by the Ohio Supreme Court. Click here for more information
about that decision.]
What is subrogation?
Subrogation applies where the injured
worker
has a "third party action" as a result of the injury. A "thid
party
action" exists when a worker suffers an injury in the course of their
employment which gives them a right to workers' compensation
and also gives them a right to sue someone in tort. The tort
suit is referred to as a "third-party action."
Subrogation means that the Bureau of
Workers'
Compensation or Self-Insured Employer is entitled to receive
reimbursement
of workers' compensation benefits paid where the injured worker has a
"third
party action" as a result of the injury.
To read the legislature's summary of this
bill, click
here.
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