2003 Ohio Workers’ Compensation News

2003 Ohio Workers’ Compensation News

Administrative

December, 2003

  • Our rates page lists the rates paid for workers’ compensation awards in 2004.

Court

December, 2003

  • An injured worker who voluntarily abandoned his employment regains eligibility for temporary total after returning to work part-time. Read more >>

Administrative

December, 2003

  • The BWC renumbered the Safety and Hygiene rules used to establish VSSR violations from 4121:1 to 4123:1. This change became effective November 1, 2003.

Administrative

December, 2003

  • The Commission refiled its proposed rules changes on October 9, 2003. Read more >>

Court

November, 2003

  • The Supreme Court found that an employer cannot fire an employee for absenteeism when a period of temporary total disability resulting from an industrial injury caused the absence. Read more >>

Court

November, 2003

  • The Supreme Court found that a nurse who changed her career after she could no longer work as a nurse due to an industrial injury did not lose eligibility for wage loss compensation as a result of changing her career. Read more >>

Administrative

October, 2003

  • Update on the Commission’s proposed rules changes and testimony from the public hearing. [Note: On September 25, 2003, the Commission withdrew the proposed rules changes; the Commission refiled the proposed rules on October 9, 2003.] Read more >>

Administrative

September, 2003

  • The Commission is considering changes to rules 4121-3-09 (Conduct of Hearings); 4121-3-13 (Disputed Self-Insuring Employer’s Claims); 4121-3-15 (Percentage of Permanent Partial Disability); 4121-3-32 (Temporary Total Disability) and 4121-3-34 (Permanent Total Disability). Read more >>

Court

August, 2003

  • The Supreme Court held that an injured worker seeking temporary total compensation must only provide medical evidence that they cannot return to work due to the allowed conditions . The injured worker does not have to prove that no other disabling conditions exist. Read more >>

Administrative

July, 2003

  • Governor Taft reappointed William E. Thompson to the Industrial Commission. Mr. Thompson’s new term begins July 1, 2003, and ends June 30, 2009. Mr. Thompson, the employer member on the Commission, has been chair of the Industrial Commission since August, 1997.

Administrative

July, 2003

  • The BWC announced that it will charge employers the full amount of the workers’ compensation premium they owe for the July 1, 2003 – June 30, 2004 policy year. This is only the second time since 1996 that the BWC will charge employers the full amount. The BWC also announced a premium increase of 9%.

Court

June, 2003

  • The Supreme Court upheld an Industrial Commission decision to award temporary total to a claimant who earned rental income from properties he owned. Read more >>

Court

June, 2003

  • The Supreme Court held an injured worker entitled to working wage loss when he returned to a lower paying job for the employer he had worked for when injured, even though he did not conduct a job search. Read more >>

Administrative

May, 2003

  • Hearing Officer policy issued regarding claims for exposure to bodily fluids. Read more >>

Administrative

May, 2003

  • Commission issues resolution governing attorney fee authorization requirements. Read more >>

Administrative

April, 2003

  • The BWC announced a plan to reduce the number of customer service offices. Read more >>

Administrative

April, 2003

  • The Industrial Commission adopted a new resolution, R03-1-02, indicating the medical evidence necessary for asbestos related cases. Read more >>

Court

March, 2003

  • Another Court of Appeals declared the previous subrogation law unconstitutional. Read more >>

Administrative

March, 2003

  • The Commission adopted Hearing Officer’s Manual Memo M.6. This policy, effective February 10, 2003, provides that licensed professional clinical counselors and independent social workers can provide evidence within their specialties of an injured worker’s condition. Such evidence should be considered in the allowance of a claim. However, such evidence alone is not sufficient to certify disability.

Legislative

February, 2003

  • The Governor signed a new subrogation law which will become effective April 9, 2003. The bill will apply to workers who have a workplace injury which involves a potential third party action (an action arising outside of the workers’ compensation system). Read more >>

Legislative

February, 2003

  • The funeral benefits limit for workers’ compensation death cases has been raised from $3,200 to $5,500, effective April 9, 2003.

Court

January, 2003

  • 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. The Ohio Supreme Court denied a motion for reconsideration of this decision. Read more >>

Administrative

January, 2003

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