2006 Ohio Workers’ Compensation News

2006 Ohio Workers’ Compensation News

Administrative

December, 2006

  • Our rates page lists the rates paid for workers’ compensation awards in 2007.

Legislative

December, 2006; Updated: February, 2009

  • The effective date for the portions of Am. Sub. S.B. 7 unsuccessfully challenged by the referendum petition drive is August 25, 2006. [Provisions of the bill not challenged by the referendum petition became effective June 30, 2006.] This entry was edited based on the Supreme Court’s 2009 decision in Thorton v. Montville Plastics & Rubber, Inc., 2009-Ohio-360, which indicated the proper effective date and changed the previous effective date which the BWC had applied to those provisions. Read more >>

Court

December, 2006

  • The Supreme Court held in Thornton v. Salek that when a referendum petition is filed, but lacks sufficient signatures, the effective date of the law challenged by that petition is the date the Secretary of State determined that the petition did not have sufficient signatures. This means that those portions of the recent workers’ compensation amendments challenged by the attempted referendum were not effective June 30, 2006, as previously believed, but when the Secretary of State rejected the referendum petition.

Court

December, 2006

  • The Supreme Court held that employer attorneys violated the disciplinary rules governing lawyers when they failed to provide a copy of a favorable employer medical exam to the claimant and the BWC/IC. Read more >>

Administrative

December, 2006

  • The BWC conducted an audit of its policies concerning adjustments which affect the premiums paid by employers. The audit disclosed a number of problems in the procedures followed by the BWC in making adjustments. Read more >>

Site

November, 2006

  • Jaffylaw.com now provides an RSS feed.

Court

November, 2006

  • A Court of Appeals ruled the current subrogation statute constitutional. Read more >>

Legislative/Court

October, 2006

  • The Secretary of State found that insufficient signatures were filed in support of Issue 1, the referendum challenge to the Senate Bill 7 workers’ compensation amendments. The Court of Appeals in Mahaffey v. Blackwell rejected a challenge to the Secretary of State’s decision and on October 20, 2006, the Supreme Court refused to accept an appeal from the Court of Appeals’ decision.

Court

September, 2006

  • On Friday, August 25, 2006, the Secretary of State’s office informed the committee which circulated the petitions challenging the 2006 workers’ compensation amendments that they did not have sufficient signatures. Additional time for filing signatures was provided. Read more >>

Court

August, 2006

  • The Supreme Court determined that the “special circumstances” provision of R.C. 4123.61 does not apply to increase the average weekly wage of an injured worker worked for 15 years after the initial injury before dying because of that injury. Read more >>

Administrative

August, 2006

  • The BWC closed its Ashtabula Customer Focus Center on July 13, 2006. The BWC indicated that the closing occurred due to increased use of its web site. Injured workers who wish to meet with a BWC representative will have to do so at the BWC’s Youngstown Customer Service Office.

Legislative

July, 2006

  • The referendum petition has been filed; certain provisions not challenged became effective June 30, 2006. Read more >>

Legislative

July, 2006

  • A description of the provisions of the recent workers’ compensation amendments challenged by the referendum petition which harm injured workers. Read more >>

Administrative

June, 2006

  • The Commission issued a new Hearing Officer Manual provision relating to salary continuation. New Hearing Officer Manual Memo C4, issued May 10, 2006, indicates that it is in response to “[n]umerous questions and concerns [which] have been raised as to how hearing officers should handle Salary Continuation and what impact salary continuation has on the payment of temporary total.” Read more >>

Legislative

May, 2006

  • Information about the 2006 referendum petition challenging the changes to workers’ compensation made by Am. Sub. S.B. 7, including the language of the referendum petition. Read more >>

Court

May, 2006

  • The Supreme Court ruled that the savings statute, R.C. 2305.19, applies when an injured worker voluntarily dismisses the complaint in an R.C. 4123.512 appeal to Court. Read more >>

Legislative

April, 2006

  • A petition has been filed to start a referendum challenge to Amended Substitute Senate Bill 7, the bill recently passed by the legislature to reduce workers’ compensation benefits paid to injured workers. Read more >>

Legislative

April, 2006

  • The effective date for Amended Substitute Senate Bill 7 is June 30, 2006.

Legislative

March, 2006

  • The legislature passed Amended Substitute Senate Bill 7, which reduces workers’ compensation benefits paid to injured workers. The amendments to the workers’ compensation law reduce the amount of time a workers’ compensation claim stays open to 5 years. Read more >>

Administrative

March, 2006

  • The Commission’s Medical Examination Manual is now available on the Commission’s web site. The Medical Examination Manual sets out the Commission’s policies regarding independent medical examinations and file reviews, as well as specific exam requirements.

Court

February, 2006

  • The Supreme Court’s Board of Commissioners on the Unauthorized Practice of Law has issued another report in the CompManagement case which further addresses what actions a non-attorney representative can perform during the administrative processing of a workers’ compensation claim. Read more >>

Court

January, 2006

  • The Supreme Court held that the exclusion of psychiatric-only injuries from workers’ compensation coverage does not violate Equal Protection. Read more >>

Administrative

January, 2006

  • Our rates page lists the rates paid for workers’ compensation awards in 2006.