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. Under the amendment, employers and the Bureau pay loss awards in weekly installments once all appeal remedies are exhausted.
After a complicated procedural history, the court of appeals found the statute unconstitutional and essentially requires the Bureau to pay loss awards in a lump sum. Not surprisingly, since the court of appeals’ decision, numerous claimants have requested lump sum payments from the Bureau under R.C. 4123.57(B).
On November 6, 2017, the Bureau filed a jurisdictional appeal in the Ohio Supreme Court. The Bureau argues the court of appeals misapplied case law precedent and that the prior version of R.C. 4123.57(B) does not mandate lump sum payments. At this point, it is unclear whether the Supreme Court will accept jurisdiction over the appeal.