Ohio BWC COVID-19 Updates

Industrial Commission Votes Unanimously to Expand Docket to All Issues
As we previously reported, the Industrial Commission of Ohio limited the types of hearings that could be heard in response to the coronavirus pandemic and subsequent transition to telephone hearings. The Industrial Commission held a Special Meeting June 3 at 10:00 am to determine if it will expand the limited docket to include additional issues.

Ohio Supreme Court Clarifies the Continuing Jurisdiction of the Commission

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,
fraud,
clear mistake of fact,
clear mistake of law, or
error by an inferior tribunal.

Court of Appeals Finds Claimant Found Guilty of Assaulting Employer Entitled to TTD Compensation

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 empl

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.

Employer Immunity

In Crew v. Advics Manufacturing Ohio, Inc., 2020-Ohio-328, 12th Dist., Case No. 18CV090620 (February 3, 2020), the claimant was a temporary employee, assigned to work for a company called Advics Manufacturing Ohio, Inc. (AMO), a self-insured employer.  Accurate Personnel LLC supplied temporary employees to AMO pursuant to an agreement, which set forth the terms of the relationship between AMO and Accurate.