By: Robert L. Solt, IV
With the re-opening of businesses following Ohio’s stay-at-home order, many employers are concerned about the potential civil liability regarding an outbreak at their place of business.
COVID-19 Workers’ Compensation Claims
As expected, COVID-19 workers’ compensation claims have already begun being filed. According to the Bureau of Workers’ Compensation, as of May 8, 2020, there were over 300 claims filed in Ohio for COVID-19.
70 claims have been allowed and 55 denied.
Most of the claims have been from healthcare workers and first responders.
The Bureau is deciding claims under the standards of the general occupational disease definition in R.C. 4123.
R.C. 4123.52 provides the Industrial Commission has continuing jurisdiction to modify or change its former orders. Ohio courts have held the continuing jurisdiction of the Commission is limited to five circumstances:
new and changed circumstances,
clear mistake of fact,
clear mistake of law, or
error by an inferior tribunal.
Recently, the 10th District Court of Appeals posed the following rhetorical question to itself: “Can you be accused of assaulting your boss, get fired, be convicted (by plea, no less) of the assault, be at least preliminarily barred by court order from even setting foot in that workplace, and then still gain subsequent temporary disability status under Workers’ Compensation in connection with your (former) job?” Upon reviewing an extensive record and impassioned arguments from the emplRead more
A Special Meeting of the members of the Ohio Industrial Commission will be held on Wednesday, June 3, 2020 at 10:00 am. The purpose of this Special Meeting is limited to the following: Adding hearing topics to the currently allowed, limited docket in concurrence and compliance with the current State of Emergency as declared by Governor Mike DeWine.
The meeting will be held via conference call as a precaution against the spread of the coronavirus.