The Commission has proposed amendments to two of its administrative rules: Ohio Admin.Code 4121-3-18 (Administrative Appeals) and Ohio Admin. Code 4121-15-03 (Standard of Conduct for Bureau and Commission employees).
The proposed amendment to Ohio Admin.Code 4121-3-18(B)(4) amends an appealing parties’ appeal deadline for parties electing to receive orders electronically.
Effective September 7, 2017, Ohio Admin.Code 4121-15-03 and 4121-3-18 were amended.
Ohio Admin.Code 4121-15-03 governs the standards of conduct (i.e. ethical conduct) of Commission and Bureau employees, and follows the provisions of the Ohio ethics law contained in Chapters 102 and 2921 of the Revised Code. Under Ohio Admin.
In a decision which is extremely favorable to employers, the Ohio Supreme Court found the “consent provision” in R.C. 4123.512(D) constitutional, which means claimant must obtain an employer’s consent before voluntarily dismissing an employer-initiated appeal under Civ.R. 41(A).
Ferguson v. State of Ohio, 2017-Ohio-7844 began as a declaratory judgment action in the Cuyahoga County Court of Common Pleas challenging the constitutionality of the consent provision of R.C. 4123.
In Kljun v. Ohio Bur. of Work. Comp., 8th Dist. No. 105340, 2017-Ohio-7724, a claimant challenged the constitutionality of the amendment to R.C. 4123.57(B), which became effective after the enactment of H.B. 487 on September 10, 2012. The former version of R.C. 4123.57(B), required employers and the Bureau to pay loss awards in a lump-sum payment once all appeal remedies were exhausted.Read more
In Rowland v. Buerhrer, 2nd Dist. No. 27412, 2017-Ohio-7096, the claimant had an allowed claim from soft tissue neck and low back conditions, and later filed a motion to additionally allow substantial aggravation of left shoulder supraspinatous tendon tear. The Commission disallowed the claim throughout the administrative proceedings, prompting the claimant to appeal to the trial court.Read more
On June 30, 2017, Governor John Kasich signed House Bill 27 into law, which law amends several provisions of the workers’ compensation law. The law becomes effective on or about September 29, 2017. Some of the highlights are below. On September 6, 2017, attorneys Robert L. Solt, III and Gregory B. Denny will host a webinar discussing these amendments. It is not too late to attend, so register here.
Statute of Limitations (R. C. 4123.84).Read more