Settlement Cases: 30 Day Waiting Period (Supreme Court)

Ohio Workers’ Compensation Decisions
(Supreme Court)

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.

Gibson v. Meadow Gold Dairy (3/15/00)

Under R.C. 4123.65, settlement of a workers’ compensation claim by an injured worker and self-insurer must be in writing, and is not effective for 30 days. Court holds that this requirement applies to court settlements as well as administrative settlements.

Vote: 4-3
Opinion by: Justice Cook

Jones v. Action Coupling & Equip., Inc. (3/26/03)

R.C. 4123.65 (30 day cooling off period for settlement agreements) does not apply to settlements of R.C. 4123.512 appeals in state fund claims.

Vote: 7-0
Opinion by: Justice Sweeney

Jones, State ex rel. v. Conrad (7/25/01)

R.C. 4123.65(C) requires an employer that wants to withdraw consent from a settlement agreement to notify both the Bureau and the claimant in writing. Failure to do so makes the settlement agreement binding after the 30 day cooling off period passes.

Vote: 7-0
Opinion by: Per Curiam