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Ohio House Bill 308 Seeks to Change Physical Injury Requirement for First Responder PTSD Claims
On February 12, 2020, Ohio House Representatives passed HB 308, by a vote of 74-22. HB 308 would amend several provisions of the Revised Code and, significantly, R.C. 4123.01. Under the proposed amendment to R.C 4123.01, Post Traumatic Stress Disorder (PTSD) claims filed by peace officers, firefighters or emergency medical workers would be compensable without an associated physical injury. In Armstrong. V. John R. Jurgensen Co., 136 Ohio St.
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Comp Connection
Supreme Court Holds the Commission Must Address Whether a Job Offer is Made in Good Faith in Determining a Request for TTD Compensation
In State ex rel. Pacheco v. Indus. Comm., 2019-Ohio-2954, the claimant sustained a work injury for which he received TTD compensation. The employer offered the claimant light duty employment, which consisted of sitting in the company cafeteria performing no work.
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Ninth District Court of Appeals Holds Employer Cannot Sue A Provider For False/Misleading Information As To A Claimant’s Disability
In Automation Tool & Die, Inc. v. Medina Hospital, et. al., 9th Dist. No. 19CA009-M, a nurse practitioner was filling out forms requesting treatment and additional conditions using Dr. Terry’s rubber-stamped signature. The company later found claimant was working while receiving temporary total disability compensation and the additional allowances were vacated by the Commission. The company then filed a complaint against the hospital and Dr.
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Light Duty Job Offers Need Not Be In Writing When Defending Against A New Period Of TTD
In State ex rel. Mercy Health v. Indus. Comm. of Ohio, 10th Dist. No. 18AP-64, 2019-Ohio-1859 claimant was injured in 2017 and her claim was allowed for strains to the lumbar region and left wrist. The physician assistant treating the claimant completed a Medco-14 certifying she could not return to her former position of employment but could return to work with restrictions as of May 18, 2017.
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Ohio House Passes House Bill 80
On June 5, 2019, the Ohio House passed a workers’ compensation budget bill which included a requirement that claimants reveal their citizenship status on the claim application. Providing false information in response to this question would result in an ineligibility to participate in the fund and possibly criminal prosecution for fraud.
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The Courts Address the Challenging Doctrine of Res Judicata
Res Judicata is a legal concept which can be confusing to legal practitioners, especially in the area of workers compensation. Res judicata is Latin and literally translates to “a matter adjudged.” Res judicata bars re-litigation of a matter finally adjudicated by a court of competent jurisdiction involving the same parties and the same transaction or occurrence. The doctrine bars all claims that were or could have been raised in the prior action.
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