2011 Ohio Workers' Compensation News
The information on this page was posted in 2011. You can also see
news
posted during the current year or
news
from other years. For more news about the Ohio
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to the Ohio Workers'
Compensation
Bulletin.
Administrative
December, 2011
- See the 2012 rates for
workers'
compensation awards on our rates
page.
Court
December 2011
- The Supreme Court has decided that eyewitness
testimony is not required for the Commission to find a VSSR. Read more>>
Court
November 2011
- The Supreme Court found that an injured worker who applies
for
permanent total compensation after they retired is not required to
provide medical evidence from the time they retired
to establish that
the retirement occurred because of the injury. Read more>>
Court
October 2011
- The Supreme Court held that a six year
statute of
limitations applies to R.C. 4123.931(G) subrogation claims.
Read
more>>
Administrative
September 2011
- Effective September 1, 2011, the BWC has adopted a
formulary
as Appendix A to O.A.C. 4123-6-21.3. The formulary contains a
list of drugs the BWC will cover when prescribed for allowed conditions
in a claim. According to O.A.C. 4123-6-21.3(B), “[d]rugs not listed in
the formulary are not eligible for reimbursement by the
bureau.”
The formulary also “contains specifc reimbursement,
prescribing or dispensing restrictions that have been
placed on the use of listed drugs.” [O.A.C. 4123-6-21.3(C).] The BWC
will update the formulary and the most recent version will
be available
on the BWC web site.
Court
August 2011
- The Supreme Court has held that an injured worker can
pursue a claim
for aggravation of a condition during an R.C. 4123.512 appeal even when
they had only pursued a theory of direct causation
at the administrative level. Read
more>>
Administrative
August 2011
- The newly-appointed public member of the Industrial
Commission,
KarenGillmor, has been appointed Chair of the Commission. Gillmor was
appointed to the Commission on July 13, 2011. Gillmor replaces Jodie
Taylor, the employer member, as chair. Taylor remains on the Industrial
Commission as the employer member.
Court
July 2011
- The Supreme Court decided in Sutton
v. Tomco Machining Inc.that
R.C. 4123.90 creates a clear public policy against retaliatory
discharge based on a workplace injury when the retaliatory
discharge occurs before a workers' compensation claim is
filed. [An R.C. 4123.90 claim can only be filed if the
discharge occurs after a workers' compensation claim is filed.]
Read
more>>
Administrative
July 2011
- Governor Kasich has appointed State Senator Karen Gillmor
as the public
member of the Industrial Commission. Gillmor will replace
Kevin Abrams, whose term expired June 30, 2011.
Legislative
June, 2011
- H.B. 123, the BWC Budget bill, makes changes to R.C.
4123.512 and R.C.
4123.52 which change the requirements for payment of medical bills.
Read
more>>
Administrative
June, 2011
- The Industrial
Commission is beginning a pilot security badge program in the Columbus
office. On June 8, 2011, representatives who had their pictures taken
for security badges will be able to pick up their badges at the front
desk of the hearing room lobby in the first floor of the William Green
building. Only representatives in the Columbus office will be able to
pick up their security badges at that time. The program will be
implemented throughout the state in coming months.
Court
May, 2011
- The Supreme Court held that a challenge to the
BWC's reduction
permanent total awards due to lump sum advancements sought restitution
of money owed under a contract and therefore had to be filed in the
Court of Claims. Read
more>>
Administrative
April, 2011
- The
Industrial Commission will hold a hearing on Friday, April 29, 2011
to consider amendments to a number of rules.
Read more
>>
Legislative
March, 2011
Administrative
March, 2011
- The
Industrial Commission is reinstating the use of live interpretive
services for hearings, instead of telephone interpretive services,
effective March 7, 2011. The Language Line telephone interpretive
services will continue to be used for Customer Service desks,
prehearing conferences and other situations where they are needed.
Administrative
February, 2011
- The
Commission has stopped holding video hearings, except for special
circumstances. Video hearings will only be held (1) when
there is
bad weather; (2) if a hearing officer is ill; or (3) if a pre-hearing
conference is scheduled. Video hearings will only be held if
all
parties present agree to a video hearing. If the parties do
not
agree, the hearing will be rescheduled.
Administrative
February, 2011
- Governor
Kasich has named employer representative Jodie Taylor the new chair of
the Industrial Commission, replacing employee representative Gary
DiCeglio. Gary DiCeglio remains on the Commission as the
employee
member.
Administrative
January, 2011
- Industrial Commission Resolution
R10-1-01 provides continuance
guidelines. Resolution R10-1-01, effective
January 17, 2011, supercedes the continuance guidelines provided by
Resolution R03-1-04 and R05-1-01. Resolution
R10-1-01 defines what will be considered “good
cause” for granting a continuance as
well as “extraordinary circumstances that
could not have been forseen.” In conjunction
with the new continuance guidelines, the Commission has adopted a new
docketing policy which permits authorized representatives
to schedule out blocks where hearings will not be scheduled for certain
dates. The hearing blocks can be scheduled online through ICON
on the
Commission’s web site.
Administrative
January, 2011
- The rates for
workers'
compensation awards in 2011 are now available on our rates
page. Read
more>>
Injured at Work?
Stewart Jaffy &
Associates can help you receive the workers’ compensation
benefits you
are entitled to. We are based in Columbus and represent
injured
workers throughout Ohio before the BWC, Industrial Commission
and
in court.
We also represent people who have social security
disability claims or who have a disability claim before another state
administrative agency (PERS, STRS, SERS or police and fire fighters
disability).
Initial consultations with potential clients are
free. If you are interested in talking with us about a
potential
case, call us at (614) 228-6148.
Stewart Jaffy &
Associates Co.,
LPA | Attorneys at Law
306 E. Gay St. | Columbus, OH 43215
Telephone: (614) 228-6148 | Fax: (614) 228-6140
http://www.jaffylaw.com
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