Settlement Cases: 30 Day Waiting Period (Court of Appeals)

Ohio Workers’ Compensation Decisions
(Court of Appeals)

Settlement: 30 Day Waiting Period

Select the case name to read the decision on the Ohio Supreme Court’s web site. For other issues, see our topic index to Ohio workers’ compensation decisions.

Burke v. Wal-Mart Stores, Inc. (3/27/17)

Confidential settlement agreement became effective under R.C. 4123.65(C) even though  self-insured employer submitted trial court’s agreed judgment entry terminating claim, instead of the confidential settlement agreement.

Vote: 2-1
Opinion by: Judge Cannon
Appellate District:
 11

Emmer v. N. Cent. State College (11/29/05)

Trial court properly enforced settlement agreement which had been agreed to by parties in an R.C. 4123.512 appeal of a state fund claim; 30 day cooling-off period does not apply in such a situation.

Vote: 3-0
Opinion by: Judge Hoffman
Appellate District: 5

Foster v. Mabe (8/21/06)

Employer’s sending copy of notice that it was withdrawing from settlement agreement to claimant’s attorney satisfied statutory requirement that it give notice to claimant of its withdrawal from the settlement agreement.

Vote: 3-0
Opinion by: Judge Boggins
Appellate District: 5

Hart v. Ridge Tool Co. (4/15/13)

Trial court prematurely dismissed workers’ compensation claim against self-insurer based on oral settlement because R.C. 4123.65 provides that parties have 30 days after signing a written settlement agreement to withdraw from the settlement.

Vote: 3-0
Opinion by: Judge Belfance
Appellate District: 9

Hart v. Ridge Tool Co. (11/17/14)

Settlement agreement became binding when injured worker failed to provide written notice to employer and BWC within 30 days provided by statute for a party to withdraw consent to a settlement.

Vote: 2-1
Opinion by: Judge Whitmore
Appellate District:
 9

Stringer v. Dept. of Health-Ohio (6/11/15)

30 day period for withdrawal from a settlement agreement does not apply to settlements of state fund claims during an R.C. 4123.512 court appeal.

Vote: 2-1
Opinion by: Judge Gallagher
Appellate District:
 8