2005 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 2005:

1. Administrative: The rates for workers' compensation awards in 2006 are now available on our rates page. (December, 2005)
   
   
2. Court: An injured worker who has received a permanent partial payment can also receive an award for temporary total for the same condition, covering the same time period.  (December, 2005)
   
   
3. Administrative: Governor Taft has appointed William E. Mabe as the new Administrator for the Bureau of Workers' Compensation, replacing interim administrator Tina Kielmmeyer.  (November, 2005)
   
   
4. Court: The Supreme Court has ruled in a case that an employer cannot avoid the responsibility to pay temporary total to an employee by firing them for forgetting to list a previous job on their job application.  (October, 2005)
   
   
5. Administrative: The Industrial Commission has issued a new resolution, R05-1-03, which sets forth the standards applied by the Commission in accepting appeals from Staff Hearing Officer orders.  The resolution also sets forth the procedural requirements for appeals to the Commission from the Staff Hearing Officer.  Resolution R05-1-03 was adopted on September 1, 2005 and applies to all appeals from Staff Hearing Officer decisions filed on or after September 6, 2005. (September, 2005)
   
   
6. Administrative: The Industrial Commission has  issued a new resolution, R05-1-02, setting forth the standards and procedural requirements which apply to requests for reconsideration filed with the Commission. Resolution R05-1-02 was adopted on September 1, 2005 and applies to all requests for reconsideration from all final orders of the Commission filed on or after September 6, 2005.  (September, 2005)
   
   
7. Court: The Supreme Court has held that an R.C. 4123.52 appeal is a limited appeal which can only consider the conditions addressed by the Industrial Commission order being appealed.  (August, 2005)
   
   
8. Administrative: Governor Taft appointed Kevin Abrams to the Industrial Commission.  Abrams’ appointment is until June 30, 2011.  Abrams replaces Donna Owens, whose term had expired, as the public member of the Industrial Commission.  Abrams had been the Assistant Director, Legal Operations for the Ohio Bureau of Workers’ Compensation. (July, 2005)
   
   
9. Administrative: The Commission has issued additional clarification of what non-attorney representatives may do. (July, 2005)
   
   
10. Administrative: Tina Kielmeyer has been appointed as the interim Administrator of the BWC. (June, 2005)
    
    
11. Administrative: The Industrial Commission has published an inter-office memo which provides guidelines for non-attorney representatives and indicates what actions non-attorney representatives are permitted.  (June, 2005)
    
    
12. Administrative: Due to the ongoing scandal regarding the BWC’s investment in coins, autographs, and who knows what else, James Conrad has finally resigned as Administrator of the BWC, effective June 3, 2005. (May, 2005)
    
    
13. Court: The Supreme Court has ruled that the Commission cannot grant reconsideration in a case based on a dispute over the interpretation of the evidence. (May, 2005)
    
    
14. Administrative: Commission Resolution R05-1-01 modifies the continuance guidelines previously set forth in Resolution R03-1-04 and R04-1-02.  It provides that a representative can request hearings not be scheduled for 20 business days per calendar year for pre-scheduled events.  (April, 2005)
    
    
15. Legislation: Two bills which would cut workers' compensation benefits for injured workers have been introduced in the legislature.  The bills are H.B. 72 and S.B. 7. (March, 2005)
    
    
16. Legislation: The House of Representatives has passed the Bureau of Workers' Compensation's budget bill.  This bill, which will now go to the Senate, would make some substantive changes to the workers' compensation system. (March, 2005)
    
 

17. Administrative: The Commission issued an inter-office communication, dated January 6, 2005, to clarify permanent partial procedure which indicates that.Staff Hearing Officers will consider  medical evidence which was not on file at the District Hearing Officer Hearing only at a reconsideration hearing on an initial permanent partial application. Staff Hearing Officers cannot consider new medical evidence in cases seeking an increase in the permanent partial award. (February, 2005)
    
    
18. Administrative: In response to the Supreme Court's CompManagement decision,  the Commission adopted Resolution R04-1-03 which made the standards for non-attorney conduct set out in Resolution R04-1-01 permanent. (February, 2005)
    
    
19. Court: The Supreme Court ruled in the CompManagement case that non-attorneys are permitted to represent employers or claimants before the BWC and IC, as long as they comply with the terms of Industrial Commission Resolution R04-1-01. (January, 2005)
    
    
20. Court: The Supreme Court recognized that evidence that a worker has performed (or has the ability to perform) occasional activities is not evidence of an ability to perform sustained remunerative employment and does not bar permanent total.  (January, 2005)
    
    
21. Administrative: The rates for workers' compensation awards in 2005 are now available on our rates page. (January, 2005)