Referendum Challenge to Some 2006 Workers’ Compensation Amendments Filed

Referendum Challenge to Some 2006 Workers’ Compensation Amendments Filed

Posted: July, 2006; Updated: February, 2009

Note: This page lists provisions challenged by the referendum, as well as those which the referendum did not challenge. The provisions which the referendum did not challenge became effective June 30, 2006; the provisions challenged by the referendum became effective August 25, 2006.

On June 29, 2006, referendum petitions challenging portions of Am.Sub. S.B. 7 were filed with the Secretary of State. If sufficient valid signatures were filed (193,740), the provisions being challenged will not be effective until and unless they are approved by the voters in November. The petitioners filed around 35,000 signatures more than are required. Update on the status of the referendum petition.

The provisions not challenged by the referendum became effective June 30, 2006. Below is a list of the provisions the referendum did not challenge (which went into effect on June 30, 2006) and a list of provisions which are being challenged. You can read a description of the amendments being challenged which are harmful to injured workers.

Because the referendum petition did not obtain enough signatures to place the referendum on the ballot, the challenged provisions challenged became effective August 25, 2006.

Amendments not Challenged by Referendum

(Effective June 30, 2006)
  • 2913.48 (fraud)
  • 3121.034 (child support withholding)
  • 3121.037 (child support withholding)
  • 3121.0311 (child support withholding)
  • 4111.02 (minimum wage)
  • 4121.44 (administrator’s duties regarding health care program)
  • 4121.441 (medical dispute resolution)
  • 4121.444 (health care fraud)
  • 4123.271 (tax commissioner information)
  • 4123.29 (employer premiums)
  • 4123.311 (electronic transfer of funds)
  • 4123.32 (employer premium penalties)
  • 4123.35 (self-insurers)
  • 4123.57 (permanent partial/loss of use)
  • 5703.21 (tax commissioner information)
  • 5747.18 (tax commissioner information)

Amendments Challenged by Referendum

(Effective August 25, 2006)
  • 4121.10 (public records)
  • 4121.12 (oversight commission authority)
  • 4121.131 (access to criminal justice databases)
  • 4123.01 (injury definition)
  • 4123.512 (appeals to court)
  • 4123.52 (continuing jurisdiction)
  • 4123.54 (coverage)
  • 4123.56 (wage loss)
  • 4123.58 (permanent total)
  • 4123.61 (average weekly wage)
  • 4123.65 (settlement)
  • 4123.88 (public records)
Information courtesy of the Ohio Workers’ Compensation Bulletin. Subscribe to the Ohio Workers’ Compensation Bulletin to keep informed about the Ohio workers’ compensation system.