2008 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 2008:

1. Administrative: The rates for workers' compensation awards in 2009 are now available on our rates page. (December, 2008)
   
   
2. Administrative: The Industrial Commission has issued a new resolution setting forth reconsideration guidelines.  Resolution R08-1-01 replaces Resolution R05-1-02 and eliminates the provision of Resolution R05-1-02 which provided that a party wishing to oppose a request for reconsideration must file a reply within 14 days of the receipt of the request for reconsideration.  (November,  2008)
   
   
3. Administrative: The BWC Board of Directors has approved a new fee schedule for medical providers. The fee schedule sets forth the rates of reimbursement for medical providers.  The new fee schedule will raise the rate of reimbursement for about 85% of services and products provided by medical providers.  (October,  2008)
   
   
4. Administrative: The BWC has hired Dr. Robert Balchick to be the BWC's medical director.  The medical director will direct the development of the BWC's medical policy and will oversee the medical components of workers' compensation claims. (September,  2008)
   
   
5. Administrative: The Industrial Commission has added the ability to request cancellation of a hearing on ICON (the Industrial Commission Online Network). Online requests to cancel a hearing must be made two days before the hearing date. When you request cancellation of a hearing, fax any documentation in support of the request, along with a cover letter indicating what it is, to the Regional Hearing Administrator in the region in which is hearing the claim. Requests to cancel a hearing less than two days before the hearing date can be made by submitting a written request to the Hearing Administrator’s Office in the region which is hearing the claim.   (August, 2008)
   
   
6. Legislative: Governor Strickland signed Am. Sub. S.B. 334, a bill primarily concerned with coordinating workers' compensation coverage between Ohio and other states.  (July, 2008)
   
   
7. Administrative: On May 5, 2008, the Commission issued 6 new or amended Hearing Officer memos.  (June, 2008)
   
   
8. Administrative: In response to the Wise decision, on May 5, 2008, the Commission adopted a new section of the Hearing Officer Manual, Memo 03, setting forth the standards for hearing officers to follow in reviewing settlements. (May, 2008)
   
   
9. Court: The Supreme Court ruled in Wise that a settlement which did not set forth an explanation of why the settlement is desired is invalid. (May, 2008)
   
   
10. Court: The Supreme Court has held that federal workers' compensation law preempts a state intentional tort lawsuit.   (April, 2008)
    
    
11. Court: The Supreme Court has ruled that the workers' compensation subrogation system is constitutional.  (March, 2008)
    
    
12. Administrative: Starting in March, 2008, the BWC will make all scheduled bi-weekly payments to injured workers through electronic deposits.  Injured workers will be able to give the BWC a bank account number for the automatic deposit of benefits.  If the injured worker does not give the BWC a bank account number, the BWC will provide a debit card through Chase Bank which will permit access to benefits. (February, 2008)
    
    
13. Court: The Supreme Court has held that public policy does not prevent an employer from firing an injured worker while they are temporarily and totally disabled due to a work injury. (January, 2008)
    
    
    
14. Administrative: The rates for workers' compensation awards in 2008 are now available on our rates page. (January, 2008)