Lima Industrial Commission opens for in person Hearings.

In February 2026, the Industrial Commission’s Lima District Office was relocated and reopened to the public after over a year of being closed. The new address is in downtown Lima at the Enterprise Building at 205 West Market Street, Suite 200, Lima, Ohio 45801. Parties to hearings set in Lima now have the option to attend their hearings both in person and virtual. Street parking can be found adjacent to the Enterprise Building.

Fifth District Court of Appeals Disallows Claim After Finding Marijuana was the Proximate Cause of the Injury

In Del. Rosario v. Fresh Mark, Inc., 2026-Ohio-274 (5th Dist.), decided on January 29, 2026, claimant was injured when his glove got caught under a conveyor belt in the packaging area of his workplace. He was transported to the emergency room where he tested positive for marijuana. His workers’ compensation claim was denied administratively. The Industrial Commission relied on a report from Dr. Hogya wherein Dr. Hogya opined the proximate cause of the injury was claimant’s impairment due to marijuana use. Claimant appealed to the common pleas court and the court granted the employer’s motion for summary judgment, again relying on Dr. Hogya’s report. Claimant presented no contrary medical to support his assertion that his injury was not proximately caused by his impairment due to marijuana. Claimant appealed to the Fifth District Court of Appeals arguing the trial court erred in relying on a drug test that was not a qualifying chemical test under 4123.54(C) because the employer did not have any reasonable cause for the test. This argument was rejected by the appellate court because the qualifying chemical test requirement is only triggered when the employer is arguing there is a rebuttable presumption of impairment which would shift the burden to the claimant to prove his use of marijuana (or other substance) was not the proximate cause of his injury. Because the employer did not pursue a rebuttable presumption under R.C. 4123.54(B) in this instance, the claimant’s arguments related to a qualifying chemical test were irrelevant. If the employer does not invoke the rebuttable presumption, the burden remains on the employer to prove the proximate cause of the injury was the impairment due to marijuana. Because the only evidence on proximate cause was Dr. Hogya’s report, the employer met this burden and the trial court did not err in granting summary judgment to the employer. In sum, it is not necessary for the employer’s drug test to meet all the requirements of a rebuttable presumption in R.C. 4123.54 to get a claim disallowed but the employer’s position on proximate cause must be supported by medical evidence.

Ohio BWC announces rate cuts

The Ohio BWC approved a 1% rate cut for private employers. State funded employers should see this savings starting July 1, 2026.