2007 Ohio Workers’ Compensation News

2007 Ohio Workers’ Compensation News

Administrative

December, 2007

  • Our rates page lists the rates paid for workers’ compensation awards in 2008.

Court

December, 2007

  • The Supreme Court held that temporary total can restart after an injured worker has surgery, even if the allowed condition had not worsened before the surgery. Read more >>

Administrative

November, 2007

  • The BWC issued a new C-86 form. This form is the general motion form used to request action from the BWC or Industrial Commission where no other form or application applies.

Court

October, 2007

  • The Supreme Court granted reconsideration in the Gross case and held that an injured worker remains eligible for temporary total disability even after the employer fired them for the actions which led to the injury. Read more >>

Administrative

September, 2007

  • The new BWC Board of Directors held its first meeting in August. Members of the Board were sworn in at this meeting. The chair of the BWC Board of Directors is William Lhota (self-insured employers member). The vice chair is James Harris (employee organizations member).

Administrative

August, 2007

  • Governor Strickland appointed Gary DiCeglio as the employee member and chair of the Industrial Commission. DiCeglio replaces Pat Gannon.

Legislative

July, 2007

  • Governor Strickland signed Am. Sub. H.B. 100, the BWC budget bill, on June 11, 2007. This bill made a number of changes to the oversight of the BWC. Among other changes, the bill replaces the BWC oversight commission with a BWC board of directors which has more authority over the BWC’s operations than the oversight commission had. Read more >>

Administrative

June, 2007

  • The Commission amended two sections of the Hearing Officer Manual and issued four new sections. Read more >>

Court

May, 2007

  • The Supreme Court ruled that an employer’s decision to fire an employee does not bar temporary total when the firing was because of the industrial injury. Read more >>

Administrative

May, 2007

  • The Industrial Commission adopted a new resolution, R07-1-02, on lump sum payments. R07-1-02 replaces two previous resolutions (R95-1-13 and R90-1-10) and raises the amounts that can be paid in a lump sum for attorneys fees from $8,000 to $10,000 and also raises the amount which can be paid in a lump sum for expenses from $500 to $1000.

Court

April, 2007

  • The Supreme Court granted oral argument on May 2, 2007, to consider whether to grant reconsideration in State, ex rel. Gross v. Indus. Comm. (12/27/06), 112 Ohio St.3d 65, 2006-Ohio-6500. Gross indicated that an injured worker fired due to the conduct which led to his injury had abandoned his employment could not receive temporary total. Gross’ motion for reconsideration was supported by the Ohio AFL-CIO, the Ohio State Building and Constructions Trade Council, the Ohio Academy of Trial Lawyers, the Fraternal Order of Police, and the United Auto Workers.

Administrative

March, 2007

  • Governor Strickland appointed Marsha Ryan as the new administrator of the BWC. Ms. Ryan replaces Tina Kielmeyer, who served as interim administrator since the resignation of William Mabe. Ms. Ryan will begin working as the Administrator on May 1, 2007.

Administrative

February, 2007

  • Governor Strickland appointed Patrick Gannon as the new chair of the Industrial Commission.

Administrative

January, 2007

  • The jaffylaw.com permanent partial page now has links to tables for calculating the 26 week waiting period and the 40 week waiting period which must pass before an injured worker is allowed to file the permanent partial application. Which chart to use depends on the date of injury.

Administrative

January, 2007

  • William Mabe resigned as Administrator of the BWC, effective on January 5, 2007. Tina Kielmeyer will act as interim Administrator until a replacement is hired.

Court

January, 2007

  • The Supreme Court held that non-attorney representatives can perform acts which are not explicitly permitted in Resolution R04-1-01, as long as they do not constitute the practice of law. Read more >>

Administrative

January, 2007

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