1998 Ohio Workers’ Compensation News

1998 Ohio Workers’ Compensation News

Administrative

December, 1998

  • Our rates page lists the rates paid for workers’ compensation awards in 1999.

Court

December, 1998

  • A third Court of Appeals declares intentional tort statute unconstitutional. Read more >>

Court

November, 1998

  • Supreme Court rules fire fighter with R.C. 4123.68(W) occupational disease not entitled to wage loss. Read more >>

Court

October, 1998

Administrative

August, 1998

  • Commission issues new resolution applying the Russell decision, which declared the Commission’s temporary total overpayment policy invalid. Read more >>

Court

August, 1998

  • Supreme Court declares commission temporary total overpayment policy invalid. Read more >>

Court

August, 1998

  • Supreme Court permits injured worker with psychiatric only claim to sue employer for negligence. Read more >>

Court

August, 1998

  • Another Court of Appeals declares intentional tort statute unconstitutional. Read more >>

Court

July, 1998

  • In an effort to eliminate a backlog of two hundred workers’ compensation cases pending in the Ohio Supreme Court since 1996, the Ohio Supreme Court announced plans to issue brief “decisions” in these cases. These “decisions”, which have already started to issue, affirm or reverse the Court of Appeals’ decision without any reasoning or explanation.

Administrative

July, 1998

  • The statistics for permanent total disability decisions, for the first quarter (January through March) of 1998:
    1. Akron: granted 43.2%, denied 56.8%;
    2. Cincinnati: granted 56.2%, denied 43.8%;
    3. Cleveland: granted 48.8%, denied 51.3%;
    4. Columbus: granted 49.8%, denied 50.2%;
    5. Toledo: granted 66.7%, denied 33.3%;
    6. Total: granted 51.8%, denied 48.2%.

Administrative

July, 1998

  • Employers received a $2 billion rebate in June. Employers received a check, not a dividend credit, because the BWC is refunding more than it is collecting in premiums. The BWC provided this refund in addition to 20% dividend credits on premiums paid in 1997 and the 75% dividend credit on premiums paid in 1998. The BWC Oversight Commission also approved an overall 6% reduction in the July 1, 1998 rate for premium payable in 1999. This is the fourth straight rate reduction. The decrease will reduce premiums paid by $80 million.

Administrative

May, 1998

  • The BWC adopted new medical “treatment plan approval guidelines”, effective June 1, 1998. Read more >>

Administrative

May, 1998

Administrative

May, 1998

  • Industrial Commission adopts Resolution R98-1-3, revising guidelines for Commission grant of reconsideration. Read more >>

Court

May, 1998

  • In State, ex rel. Nicholls v. Indus. Comm. (1998), 81 Ohio St.3d 454, the Supreme Court held that the Industrial Commission’s authority to grant reconsideration from a Staff Hearing Officer’s order awarding permanent total disability compensation is limited. Read more >>

Court

May, 1998

  • A case has been filed in the Ohio Supreme Court challenging the practice of permitting Managed Care Organizations (MCOs) to terminate medical treatment in workers’ compensation claims. Read more >>

Court

March, 1998

  • Supreme Court decision in Ruckman v. Cubby Drilling involving an injury while traveling to work, holds that injury compensable. Read more >>

Administrative

March, 1998

  • Industrial Commission Resolution R98-1-02, adopted February 12, 1998, instructs its hearing officers how to apply Greene v. Conrad (8/21/97), Franklin Co. App. No. 96APE12-1780. The resolution applies to situations where an injured worker has had a claim denied by the Bureau and then refiles a claim. Read more >>

Court

February, 1998

  • Supreme Court in Stivison finds an injury which occurred due to work not compensable under workers’ compensation. Read more >>

Court

February, 1998

  • Supreme Court in Williams-Laker finds an injured worker entitled to wage loss compensation for time missed from work to receive medical treatment for the injury. Read more >>

Administrative

January, 1998

  • The statistics for permanent total disability decisions, for 1997:
    1. Akron: granted 48.5%, denied 51.5%;
    2. Cincinnati: granted 57.0%, denied 43.0%;
    3. Cleveland: granted 49.1%, denied 50.9%;
    4. Columbus: granted 44.7%, denied 55.3%;
    5. Toledo: granted 66.2%, denied 33.8%;
    6. Total: granted 50.7%, denied 49.3%.

Legislative

January, 1998

  • The “Vote Yes” Committee (“Keep Ohio Working”) spent $7,784,194 on the Issue 2 campaign. The “Vote No” Committee (“Committee to Stop Corporate Attacks on Injured Workers”) spent $2,449,480 on the Issue 2 campaign. The total spent by both sides on Issue 2 was $10,233,674. For more information on Issue 2, see our referendum page.

Administrative

January, 1998

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