2011 Ohio Workers’ Compensation News

2011 Ohio Workers’ Compensation News

Administrative

December, 2011

  • Our rates page lists the rates paid for workers’ compensation awards in 2012.

Court

December 2011

  • The Supreme Court decided that eyewitness testimony is not required for the Commission to find a VSSR. Read more >>

Court

November 2011

  • The Supreme Court found that an injured worker who applies for permanent total compensation after they retire does not have to provide medical evidence from the time they retired to establish that the retirement occurred because of the injury. Read more >>

Court

October 2011

  • The Supreme Court held that a six year statute of limitations applies to R.C. 4123.931(G) subrogation claims. Read more >>

Administrative

September 2011

  • Effective September 1, 2011, the BWC adopted a formulary as Appendix A to O.A.C. 4123-6-21.3. The formulary contains a list of drugs the BWC will cover when prescribed for allowed conditions in a claim. According to O.A.C. 4123-6-21.3(B), “[d]rugs not listed in the formulary are not eligible for reimbursement by the bureau.”The formulary also “contains specifc reimbursement, prescribing or dispensing restrictions that have been placed on the use of listed drugs.” [O.A.C. 4123-6-21.3(C).] The BWC will update the formulary and will post the most recent version on the BWC web site.

Court

August 2011

  • The Supreme Court held that an injured worker can pursue a claim for aggravation of a condition during an R.C. 4123.512 appeal even when they had only pursued a theory of direct causation at the administrative level. Read more >>

Administrative

August 2011

  • The Governor appointed the new public member of the Industrial Commission, Karen Gillmor, Chair of the Commission. Gillmor was appointed to the Commission on July 13, 2011. Gillmor replaces Jodie Taylor, the employer member, as chair. Taylor remains on the Industrial Commission as the employer member.

Court

July 2011

  • The Supreme Court decided in Sutton v. Tomco Machining Inc.that R.C. 4123.90 creates a clear public policy against retaliatory discharge based on a workplace injury when the retaliatory discharge occurs before a workers’ compensation claim is filed. [An R.C. 4123.90 claim can only be filed if the discharge occurs after a workers’ compensation claim is filed.] Read more >>

Administrative

July 2011

  • Governor Kasich appointed State Senator Karen Gillmor as the public member of the Industrial Commission. Gillmor will replace Kevin Abrams, whose term expired June 30, 2011.

Legislative

June, 2011

  • H.B. 123, the BWC Budget bill, makes changes to R.C. 4123.512 and R.C. 4123.52 which change the requirements for payment of medical bills. Read more >>

Administrative

June, 2011

  • The Industrial Commission is beginning a pilot security badge program in the Columbus office. On June 8, 2011, representatives who had their pictures taken for security badges can pick up their badges at the front desk of the hearing room lobby in the first floor of the William Green building. Only representatives in the Columbus office will be able to pick up their security badges. The Commission will implement the program throughout the state in coming months.

Court

May, 2011

  • The Supreme Court held that a challenge to the BWC’s reduction permanent total awards due to lump sum advancements sought restitution of money owed under a contract and therefore had to be filed in the Court of Claims. Read more >>

Administrative

April, 2011

  • The Industrial Commission will hold a hearing on Friday, April 29, 2011 to consider amendments to a number of rules. Read more >>

Legislative

March, 2011

Administrative

March, 2011

  • The Industrial Commission will reinstate the use of live interpretive services for hearings, instead of telephone interpretive services, effective March 7, 2011. The Commission will continue to use Language Line telephone interpretive services for Customer Service desks, prehearing conferences and other situations.

Administrative

February, 2011

  • The Commission has stopped holding video hearings, except for special circumstances. Video hearings will only be held (1) when there is bad weather; (2) if a hearing officer is ill; or (3) if a pre-hearing conference is scheduled. Video hearings will only be held if all parties present agree to a video hearing. If the parties do not agree, the hearing will be rescheduled.

Administrative

February, 2011

  • Governor Kasich named employer representative Jodie Taylor the new chair of the Industrial Commission, replacing employee representative Gary DiCeglio. Gary DiCeglio remains on the Commission as the employee member.

Administrative

January, 2011

  • Industrial Commission Resolution R10-1-01 provides continuance guidelines. Resolution R10-1-01, effective January 17, 2011, supercedes the continuance guidelines provided by Resolution R03-1-04 and R05-1-01.Resolution R10-1-01 defines “good cause” for granting a continuance as well as “extraordinary circumstances that could not have been forseen.” In conjunction with the new continuance guidelines, the Commission adopted a new docketing policy which permits authorized representatives to schedule blocks where hearings will not be scheduled for certain dates. The hearing blocks can be scheduled online through ICON on the Commission’s web site.

Administrative

January, 2011

  • Our rates page lists the rates paid for workers’ compensation awards in 2011.