1997 Ohio Workers’ Compensation News

1997 Ohio Workers’ Compensation News

Administrative

December, 1997

  • Our rates page lists the rates paid for workers’ compensation awards in 1998.

Court

December, 1997

  • Court declares intentional tort statute unconstitutional. Read more >>

Court

November, 1997

  • Lawsuit challenging the constitutionality of H.B. 350, the tort reform bill, has been filed in the Ohio Supreme Court on November 20, 1997. Read more >>

Legislative

November, 1997

Administrative

November, 1997

  • Phil Haddad is the new executive director of the Industrial Commission of Ohio, effective October 13, 1997. H.B. 362, the Industrial Commission budget bill passed by the Ohio General Assembly last summer, created the executive director’s position. The executive director has responsibility for all  agency operations. Previously, the three-member Industrial Commission handled administrative matters. Haddad, a native of Cleveland, graduated from Kent State University where he earned a degree in business management. His background includes nineteen years with the City of Cleveland where he was the manager of labor relations before joining the Commission.

Administrative

October, 1997

  • The BWC Claims Management Resources Guide indicates that the C-85A has been eliminated. The Claims Management Resources Guide says to work with the MCOs on medical issues and use the C-1A instead of the back of the C- 85A. Use a C-86 motion if you can’t get it worked out with the MCO or the self-insurer, on issues other than reactiviation. The Claims Management Resources Guide says that with the computer system, Version 3 (V3) determinations will be made based on benefit requests from the customer.

Court

September, 1997

  • Northwest Ohio Bldg. and Construction Trades Council v. Conrad, which claims that the BWC’s MCO procedure violates Art. II, Sec. 35 of the Ohio Constitution, has been transferred from Lucas County to Franklin County. The case asks for declaratory judgment, a temporary restraining order and a preliminary injunction to stop enforcement, implementation or application of statutes dealing with managed care for workers’ compensation.

Court

August, 1997

  • Ohio Supreme Court clarifies time limit for filing claim for a psychiatric flow-through condition. Read more >>

Legislative

August, 1997

  • On Monday, July 21, 1997 referendum petitions containing 414,934 signatures were filed with the Ohio Secretary of State, to challenge the Benefits Reduction Act. The Secretary of State’s Office certified over 278,000 valid signatures on the referendum petition. This is more than enough signatures to qualify the referendum challenge for the ballot. 200,775 signatures were necessary to qualify. This referendum challenge will be State Issue 2. A no vote will reject the changes made by S.B. 45, the Ohio Workers’ Compensation Benefits Reduction Act.

Administrative

August, 1997

  • The Ohio Industrial Commission is considering amendments to Ohio Administrative Code 4121-3-09 which would permit the BWC and self-insured employers to suspend a claim where an injured worker refuses or fails to appear at a medical examination. The Ohio Industrial Commission held a public hearing on this rule on August 22, 1997. Representatives of the Ohio AFL-CIO and Ohio Academy of Trial Lawyers testified against this rule.

Legislative

July, 1997

  • Petitions filed with Secretary of State containing over 400,000 signatures to get referendum issue on ballot. Read more >>

Court

June, 1997

  • On June 30, 1997, a case challenging the BWC MCO procedure was filed in the Lucas County Court of Common Pleas. The case is called Northwest Ohio Bldg. and Construction Trades Council v. Conrad. The case asks for declaratory judgment, as well as a temporary restraining order and a preliminary injunction to stop enforcement, implementation or application of statutes dealing with managed care for workers’ compensation. The suit claims that the MCO procedure violates Art. II, Sec. 35 of the Ohio Constitution.

Legislative

May, 1997

  • Referendum challenge mounted to benefit reduction legislation. Read more >>

Administrative

May, 1997

Legislative

April, 1997

  • Governor signs workers’ compensation benefit reduction legislation on April 22, 1997. Read more >>

Legislative

April, 1997

  • Legislature passes workers’ compensation benefit reduction legislation on April 16, 1997. Read more >>

Administrative

April, 1997

  • A new company out of California will handle all of BWC’s pharmacy invoices. If any pharmacist in the state wants to get prescriptions paid, they have to go through RX Net. Payments will be reported on MIS printout, but not denials. To get information on a denial (state fund claim), you will have to call RX Net: 1-888-796-3864.

Administrative

April, 1997

  • BWC received some thirty-four hundred claims from MCOs in the start of this program. Fifteen hundred had sufficient data for the BWC to allow or disallow. Nineteen hundred defaulted because not enough information was sent by the MCO. These went to further BWC review. BWC called a meeting of the MCOs to discuss this computer problem. BWC says it will reject claims where there is not sufficient information.

Legislative

March, 1997

Administrative

January, 1997

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