1996 Ohio Workers’ Compensation News

1996 Ohio Workers’ Compensation News

Administrative

December, 1996

  • Our rates page lists the rates paid for workers’ compensation awards in 1997.

Administrative

November, 1996

  • Industrial Commission Resolution R96-1-06, adopted September 16, 1996, makes Commissioners and administrative assistants subject to Canons 3C and D of the Ohio Supreme Court’s Code of Judicial Conduct. The Resolution further provides all R.C. 4123.511(E) discretionary appeals and requests for reconsideration are not to be filed with any Commissioner.The Resolution also requires under O.A.C. 4121-15-03(G) no employee engage in ex parte written or oral communication regarding merits of a claim filed with the Commission. A Commissioner who engages in ex parte communication is to remove himself or herself from all matters dealing with the claim.

Administrative

November, 1996

  • The BWC started converting COLA claims to its version 3 (V3) system. The BWC will convert claims on a weekly basis until the task is accomplished. Letters are being sent to injured workers receiving COLA payments informing them of the change. Payment dates will differ as a result of the conversion. The BWC has started the conversion process with permanent total claims. The BWC will convert about 200,000 claims each weekend.The payment cycle will differ because COLA payments were made for periods of one week in the past and one week in the future. The V3 payments will be for two week periods in the past. Outside parties will still be able to review claims in COLA until another option is available.

Administrative

October, 1996

  • The Health Partnership Program applies to state fund claims and not to self-insured claims. A self-insurer could elect to use this program.The BWC plans to announce the BWC certified Managed Care Organizations (MCOs) which will oversee the provider networks on November 7, 1996. There will then be a four month period to work out problems. While that is being done the MCOs will be actively trying to sign up employers.The target date for starting the program is March 1, 1997 for new claims. By September 1, 1997, all claims filed since October 20, 1993, are expected to be included in the MCO program. Remaining claims will be assigned to MCOs by January 1, 1998.

Court

September, 1996

  • The Ohio Supreme Court found wage loss compensation payable where an injured worker was fired, because the medical evidence indicated he could no longer perform the job. Read more >>

Administrative

July, 1996

  • On July 3, 1996 the Industrial Commission issued Resolution R96-1-04 which ordered that Hearing Officers in permanent partial cases issue their decisions solely based on the medical evidence, pursuant to the Supreme Court’s decision in State, ex rel. Holman v. Longfellow Restaurant (7/3/96), 76 Ohio St.3d 44.

Court

July, 1996

  • Supreme Court holds that permanent partial disability award does not include disability factors. Read more >>

Administrative

July, 1996

  • On July 2, 1996 the Industrial Commission issued Resolution R96-1-03 which required notices of appeal filed after August 1, 1996 by self-insured employers from Staff Hearing Officer orders to include a statement certifying whether the self-insured employer has timely paid compensation and benefits required by R.C. 4123.511. The Commission further indicated that it will consider whether the self-insurer paid compensation in determining whether to permit an appeal.

General

June, 1996

  • Ohio Academy of Trial Lawyers honors Stewart Jaffy. Read more >>

Administrative

June, 1996

  • The Industrial Commission will hold pre-hearing conferences on VSSR claims in an effort to reduce the number of continuances; hearings will be scheduled about thirty days thereafter. Also in the planning stage is holding the hearings in the regional offices. SHOs will travel from Columbus to conduct the hearings.

Legislative

May, 1996

  • The House Commerce & Labor Committee held a hearing on May 7, 1996, on H.B. 660. That bill would provide that if a workplace injury occurs, and the employee tests positive for alcohol or drugs (non-prescription), a rebuttable presumption exists that the drugs or alcohol proximately caused the injury.

Administrative

May, 1996

  • Ohio AFL- CIO submits petitions seeking adoption of two new rules. Read more >>

Administrative

April, 1996

  • Ohio Industrial Commission issues instructions on permanent total tentative orders. Read more >>

General

April, 1996

  • Ohio AFL-CIO holds public hearings on the workers’ compensation system. Read more >>