2002 Ohio Workers’ Compensation News

2002 Ohio Workers’ Compensation News

Administrative

December, 2002

  • Our rates page lists the rates paid for workers’ compensation awards in 2003.

Court

December, 2002

  • The Ohio Supreme Court ruled that suspicionless random drug/alcohol testing of injured workers violates the workers’ right to privacy under the United States and Ohio Constitutions. Read more >>

Court

November, 2002

  • The Supreme Court clarified the abandonment doctrine and ruled that a worker does not lose the right to temporary total when they suffer a “flare-up” of a condition after returning to different employment. Read more >>

Court

October, 2002

  • A Court of Appeals found a workers’ compensation claim properly allowed for radiculopathy. Read more >>

Administrative

September, 2002

  • ACS State Healthcare replaced RxNet as the pharmaceutical benefits manager for state fund claims. Their address is: ACS State Healthcare, Northridge Center One, 365 Northridge Rd., Suite 400, Atlanta, GA 30350.

Court

September, 2002

  • A Court of Appeals found an employer entitled to judgment on the pleadings where it files an appeal from a Commission order allowing the claim and the employee fails to timely refile after dismissing the complaint. Read more >>

Court

August, 2002

  • The Supreme Court held that a doctor’s report supported wage loss compensation, even though it referenced restrictions due to a non-allowed condition, because it indicated that the allowed condition caused the wage loss. Read more >>

Court

July, 2002

  • A Court of Appeals found that an employer may have committed an intentional tort in a case where an employee was electrocuted after another employee had suffered a similar injury and the employer had not complied with federal safety requirements. Read more >>

Court

July, 2002

  • A Court of Appeals found that an employer committed an intentional tort in a case where a machine had been modified and the employer had trained the employee to use an unsafe procedure. Read more >>

Court

July, 2002

  • The Supreme Court held that the premium reduction credit given by BWC to employers in 1999 (which gave employers credit for past premiums) was improper. Read more >>

Court

June, 2002

  • The Supreme Court held that an injured worker who engaged in non-paying activities in a workplace is not barred from receiving temporary total where the activities were consistent with the injured worker’s physical restriction against performing their former employment. Read more >>

Court

June, 2002

  • The Supreme Court found a permanent total claimant not entitled to take a doctor’s deposition because the doctor reached the same ultimate conclusion as the treating doctor. Read more >>

Administrative

May, 2002

  • The Industrial Commission issued five new hearing officer guidelines addressing: (1) occupational disease statute of limitations, (2) order writing, (3) medical documentation by certain nurses, (4) hearing officer complaints, and (5) the role of sureties in hearings. Read more >>

Court

May, 2002

  • The Supreme Court held that a doctor’s report supported the Commission’s decision to authorize surgery, even though the doctor indicated pessimism about the success of the surgery. Read more >>

Court

April, 2002

  • The Supreme Court held that decisions of the Self-Insuring Employers Evaluation Board (“SIEEB”) cannot be appealed to Common Pleas court. The proper method to challenge an SIEEB decision is by mandamus. Read more >>

Court

April, 2002

  • The Supreme Court held that a workers’ compensation claimant who wins an appeal to Common Pleas court may recover the expense of taking videotaped depositions as a cost of the case. Read more >>

Legislative

March, 2002

  • Senate Bill 223 would expand the definition of injury to include situations where an emergency worker’s blood or other bodily fluid comes in direct contact with the blood or bodily fluid of another person while they are working.

Legislative

February, 2002

Court

February, 2002

  • The Ohio Supreme Court heard oral arguments in State, ex rel. Ohio AFL-CIO v. Ohio Bur. of Workers’ Comp., which challenges the constitutionality of the drug/alcohol testing requirements of R.C. 4123.54, as amended by H.B. 122, on January 30, 2002. A summary of the argument is at the bottom of the page. Read more >>

Administrative

January, 2002

  • The BWC adopted a pilot program permitting the immediate allowance and payment for specified medical conditions. Read more >>

Administrative

January, 2002

  • The BWC amended a number of self-insurer rules. Read more >>

Administrative

January, 2002

  • Our rates page lists the rates paid for workers’ compensation awards in 2002.