2007 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 2007:

1. Administrative: The rates for workers' compensation awards in 2008 are now available on our rates page. (December, 2007)
   
   
2. Court: The Supreme Court has made it clear that temporary total can restart after an injured worker has surgery, even if the allowed condition had not worsened before the surgery occurred. (December, 2007)
   
   
3. Administrative:The BWC has issued a new C-86 form.  This form is the general motion form used to request action from the BWC or Industrial Commission where no other form or application applies.  The new C-86 form is dated 9/26/07.  (November, 2007)
   
   
4. Court: The Supreme Court has granted reconsideration in the Gross case and held that an injured worker remains eligible for temporary total disability even after they have been fired for the actions which led to the injury. (October, 2007)
   
   
5. Administrative: The new BWC Board of Directors held its first meeting in August. Members of the Board were sworn in at this meeting. The chair of the BWC Board of Directors is William Lhota (self-insured employers member). The vice chair is James Harris (employee organizations member). (September, 2007)
   
   
6. Administrative: Governor Strickland has appointed Gary DiCeglio as the employee member and chair of the Industrial Commission. DiCeglio replaces Pat Gannon.  (August, 2007)
   
   
7. Legislative: Governor Strickland signed Am. Sub. H.B. 100, the BWC budget bill, on June 11, 2007.  This bill made a number of changes to the oversight of the BWC.  Among the changes made by this bill is the replacement of the BWC oversight commission with a BWC board of directors.  The BWC board of directors has more authority over the BWC's operations than the oversight commission had.  (July, 2007)
   
   
8. Administrative: The Commission has amended two sections of the Hearing Officer Manual and issued four new sections.  For more information about the changes to the Hearing Officer Manual, .   (June, 2007)
   
   
9. Court: The Supreme Court has ruled that an employer's decision to fire an employee does not bar temporary total when the firing was because of the industrial injury.  (May, 2007)
   
   
10. Administrative: The Industrial Commission has adopted a new resolution, R07-1-02, on lump sum payments.  R07-1-02 replaces two previous resolutions (R95-1-13 and   R90-1-10).  R07-1-02 raises the amounts that can be paid in a lump sum for attorneys fees from $8,000 to $10,000 and also raises the amount which can be paid in a lump sum for expenses from $500 to $1000.   (May, 2007)
    
    
11. Court: The Supreme Court has granted oral argument on May 2, 2007, to consider whether or not to grant reconsideration in
    State, ex rel. Gross v. Indus. Comm. (12/27/06), 112 Ohio St.3d 65, 2006-Ohio-6500, which indicated that an injured worker who was fired as a result of the conduct which led to his injury had abandoned his employment and was not entitled to temporary total. Gross’ motion for reconsideration was supported by the Ohio AFL-CIO, the Ohio State Building and Constructions Trade Council, the Ohio Academy of Trial Lawyers, the Fraternal Order of Police, and the United Auto Workers.  (April, 2007)
    
    
12. Administrative: Governor Strickland has appointed Marsha Ryan as the new administrator of the BWC.  Ms. Ryan replaces Tina Kielmeyer, who has been serving as interim administrator since the resignation of William Mabe. Ms. Ryan will begin working as the Administrator on May 1, 2007. (March, 2007)
    
    
13. Administrative: Governor Strickland has appointed Patrick Gannon as the new chair of the Industrial Commission.  (February, 2007)
    
    
14. Legislative: The effective date for the portions of Am. Sub. S.B. 7 which were unsuccessfully challenged by the referendum petition drive is now October 11, 2006.  (January, 2007)
    
    
15. Administrative: The jaffylaw.com permanent partial page now has links to tables for calculating the 26 week waiting period and the 40 week waiting period which must pass before an injured worker is allowed to file the permanent partial application. Which chart to use depends on the date of injury. (January, 2007)
    
    
16. Administrative: William Mabe has resigned as Administrator of the BWC.  His resignation is effective on January 5, 2007.  Tina Kielmeyer will be the interim Administrator of the BWC until a replacement is hired. (January, 2007)
    
    
17. Court: The Supreme Court has held that non-attorney representatives are permitted to perform acts which are not explicitly permitted in Resolution R04-1-01, as long as they do not constitute the practice of law.  For more information about this decision,  (January, 2007)
    
    
18. Administrative: The rates for workers' compensation awards in 2007 are now available on our rates page. (January, 2007)