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.
On May 20, 2020, the Ohio Department of Health issued an urgent health advisory, “Ohioans Protecting Ohioans” recommending Ohioans continue to stay home as much as possible.
The Mandates limiting large groups and requiring safe business conditions to prevent the spread of COVID-19 in Ohio remain in place.Read more
The House of Representatives passed the Health and Economic Recovery Omnibus Emergency Solutions Act, or HEROES Act on May 15, 2020. The Senate is not expected to vote until after Memorial Day and many Senate Republicans have already expressed disapproval of the bill.Read more