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Injury
Injuries are defined in Ohio Revised Code section
4123.01(C). The injury definition is a broad definition. With the
exception of a few statutory exclusions discussed below, "any injury"
an employee receivies "in the course of, and arising out of" their
employment is covered under workers' compensation. The "course of" and
"arising out of" requirement basically means that the injury must exist
due to the employment. A specific incident, or accident, is not
required for an injury to be compensable.
The exclusions from the injury definition are also
contained in R.C. 4123.01(C). The exclusions are situations which
cannot be compensable even if they otherwise meet the definition of
injury. The exclsions apply to:
- psychiatric-only claims (that is, psychiatric claims
without a physical injury);
- natural deterioration claims; and
- injuries during an employer-sponsored recreation or
fitness activity if the employee has signed a waiver before being
injured.
Note that employees who suffer an
excluded injury are eligible to sue their employer for negligence, an
option normally excluded by Workers' Compensation.
For summaries of injury decisions by Ohio Courts, with
links to the cases, click here.
Other information:
- Court: The Supreme Court held
that the exclusion of psychiatric-only injuries
from workers' compensation coverage does not violate Equal
Protection. (January,
2006)
- Court: The Fifth
District Court of Appeals has again held that
the exclusion of psychiatric-only claims from coverage under the
workers' compensation system is unconstitutional. (June,
2004)
- Administrative:
The Bureau of Workers' Compensation has adopted a pilot program
permitting the immediate allowance and payment for specified medical
conditions. (January, 2002)
- Court: Supreme Court finds that psychiatric injury caused by injury
to co-worker is compensable. (February, 2001)
- Legislative:
The Legislature has passed Am. Sub. H.B.
122, which amends R.C. 4123.54 and provides a "rebuttable presumption"
in certain cases that an injury was caused by a controlled substance.
If an injury is caused by a controlled substance, workers' compensation
will not be paid. (December, 2000)
- Court: Fifth Appellate District indicates that the exclusion of
psychiatric-only injuries from Workers' Compensation coverage is
unconstitutional. (November, 1999)
- Court: Supreme
Court Permits Injured Worker with Psychiatric Only Claim to Sue
Employer for Negligence. (August, 1998)
- Court: Supreme
Court decision in Ruckman v. Cubby Drilling involving an
injury while traveling to work, holds that injury is compensable. (March,
1998)
- Court: Supreme
Court decision in the Stivison case that an injury which
occurred due to work is not compensable under Workers' Compensation. (February,
1998)
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