2015 Ohio Workers’ Compensation News

2015 Ohio Workers’ Compensation News

Administrative

December, 2015

  • See the 2016 rates for Ohio workers’ compensation awards on our rates page.

Court

November, 2015

  • The Eighth District Court of Appeals ruled that the provision of R.C. 4123.512(D) preventing injured workers from dismissing a complaint without prejudice, unless the employer agrees, violates the constitution. Read more >>

Administrative

October, 2015

  • The Industrial Commission has updated form IC-2, the Application for Permanent Total Disability.

Administrative

October, 2015

  • Effective October 1, 2015, the BWC and MCOs will use ICD-10, rather than ICD-9, to describe injuries. (ICD stands for International Classification of Diseases). Additional information about ICD-10 is available on the Centers for Medicare and Medicaid Services ICD-10 website.

Administrative

September, 2015

  • The BWC has updated the Physician’s Report of Work Ability (MEDCO-14) form. The form, used by the treating doctor to provide information about the injured worker’s ability to work, is available on the BWC’s web site under the Medical Provider tab.

Court

August, 2015

  • The Supreme Court dismissed the BWC’s appeal in Ohio Bur. of Workers’ Comp. v. McKinley as improvidently granted. The Court of Appeals had held that a third party that settled with an injured worker could not be held responsible for the BWC’s subrogation interest when the BWC had notice of the settlement proceedings, even if the actual settlement agreement did not reference the BWC’s subrogation right. Read more >>

Legislative

July, 2015

  • The Governor has signed the BWC and IC budget bills. In addition to funding the agencies, the budget bills made some changes to the Ohio workers’ compensation law. Read more >>

Administrative

June, 2015

  • The Governor has reappointed Jodie Taylor to serve as the employer member on the Industrial Commission. Taylor’s second six year term will begin July 1, 2015.

Court

May, 2015

  • The Eighth District Court of Appeals is considering an appeal from a Cuyahoga County Common Pleas Decision holding that the legislature’s amendment of R.C. §4123.512 to deny injured worker’s the right to dismiss their complaint in cases where the employer filed the notice of appeal. The case is pending in the Court of Appeals as Ferguson v. State of Ohio, 8th Dist. No. CA-15-102553. Read more >>

Court

April, 2015

  • The Fifth District Court of Appeals has held that an injured worker is not barred from participating in the workers’ compensation system because they failed a drug test a week after their injury. Read more>>

Administrative

March, 2015

  • The Industrial Commission is reviewing a number of rules relating to the access to confidential personal information by employees and members of the Industrial Commission. The Commission proposes no changes to the following rules relating to confidential personal information:
    1. O.A.C. 4121-4-01 Definitions;
    2. O.A.C. 4121-4-02 Procedures for accessing confidential personal information;
    3. O.A.C. 4121-4-03 Valid reasons for accessing confidential personal information;
    4. O.A.C. 4121-4-04 Confidentiality statutes; and
    5. O.A.C. 4121-4-05 Restricting and logging access to confidential personal information in computerized personal information systems.

Case

February, 2015

  • The Supreme Court found that an injured worker who voluntarily quit his employment for personal reasons while he was injured lost his eligibility for temporary total compensation. Read more >>

Administrative

January, 2015

  • The Commission adopted an amendment to the permanent total rule (O.A.C. 4121-3-34). The amendment provides parties with 30 days from receipt of a tentative order to “file a written request to change the start date or allocation of permanent and total disability compensation.” The amendment became effective December 15, 2014.

Administrative

January, 2015

  • See the 2015 rates for workers’ compensation awards on our rates page.