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CLIENT ALERT: Bureau of Workers' Compensation Budget Amends Law

Client Alert
December 20, 2017

As we head into 2018, you should be aware of some recent changes made in Ohio’s laws concerning Workers’ Compensation. These changes became effective September 29, 2017.   Some will affect business more than others, but these are changes you should really know about. 

>A notice of intent to settle can be filed by the Injured Worker or Employer within thirty (30) days of receipt of an order being appealed (or, apparently which could be appealed), or the Industrial Commission’s refusal to hear an appeal. If filed, this filing extends the time for filing an appeal to Court to one-hundred and fifty (150) days (unless the other party files an objection to the notice within fourteen (14) days of receipt). This provision may assist parties in settling claims before invoking judicial machinery.

>Changes increased Injured Worker Attorney fees from $4,500.00 to $5,000.00.

>The BWC medical section is required to schedule a medical examination to determine the employee’s continued entitlement to initial compensation no later than thirty (30) days following the initial consecutive ninety (90) day period.   While the BWC may waive the scheduling of a medical examination for “good cause,” if the employee’s employer objects to the waiver, then the administrator will refer the employee to the bureau medical section to schedule the examination or the administrator will schedule the examination.

>Section 4123.56(E) provides that if an injured worker is awarded temporary total disability compensation before the full weekly wage is determined, s/he will be compensated at the statewide average weekly wage rate.  Discrepancies will be accounted for and adjusted once the full weekly wage is calculated.

>A Permanent Partial Disability Application (C92) will be dismissed (without prejudice, which means it can be refiled if the statute has not already run) if the injured worker fails to respond to an attempt to schedule an examination by the bureau medical section or fails to attend a scheduled medical exam without notice or explanation.

>Various provisions amend sections which address fire fighter cancer presumption.  Changes to this the section, among other things, amend the fire fighter cancer presumption to permit rebutting the presumption by demonstrating that exposure to the carcinogen could not have caused that type of cancer.  Changes to this section also limit the presumption to situations where the fire fighter has not worked in hazardous duty for more than fifteen (15) years.  Other changes  permit a fire fighter to receive working wage loss if s/he has a scheduled claim for cancer contracted by a fire fighter.

>The time limit for filing a claim is reduced from two years to one year.  It is important to note, however, that the statute of limitations for occupational disease claims has apparently not changed.

>Also, while not a legislative change, an important new medical rule goes into effect January 1, 2018.  A section of the Ohio Administrative Code will be enacted, which covers Lumbar Fusions.  Under this new rule, before approving lumbar fusion surgery, certain medical criteria generally must be met.

For more information about the law changes or other employment, labor and workers' compensation matters, contact Richard L. Williger

Workers' Compensation
Client Alert

Enhancing Privacy Protections for Substance Use Disorder Patient Records

February 16, 2024On February 8, 2024, the U.S. Department of Health and Human Services (“HHS”) finalized updated rules to 42 CFR Part 2 (“Part 2”) for the protection of Substance Use Disorder (“SUD”) patient records. The updated rules reflect the requirement that the Part 2 rules be more closely aligned with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) privacy, breach notification, and enforcement rules as mandated by the Coronavirus Aid, Relief, and Economic Security Act of 2020.Client Alert

Columbus, Ohio Ordinance Prohibits Employers from Inquiries into an Applicant’s Salary History

January 30, 2024Effective March 1, 2024, Columbus employers are prohibited from inquiring into an applicant’s salary history. Specifically, the ordinance provides that it is an unlawful discriminatory practice to:Client Alert

The Ohio Chemical Dependency Professionals Board’s Latest Batch of Rules: What Providers Should Know

January 26, 2024The Ohio Chemical Dependency Professionals Board has introduced new rules and amendments, covering various aspects such as CDCA certificate requirements, expanded services for LCDCs and CDCAs, remote supervision, and reciprocity application requirements. Notable changes include revised criteria for obtaining a CDCA certification, expanded services for LCDCs and CDCAs, and updated ethical obligations for licensees and certificate holders, including non-discrimination, confidentiality, and anti-sexual harassment measures.Client Alert

Governor Mike DeWine and The Ohio State University Introduce the SOAR Study on Ohio Mental Illness

January 22, 2024On January 19, Ohio Gov. Mike DeWine and The Ohio State University announced a new research initiative, the State of Ohio Adversity and Resilience (“SOAR”) study, which will investigate all factors influencing Ohio’s mental illness and addiction epidemic.Client Alert

CHANGING TIDES: Summary and Effects of Burnett et. al. v. National Ass’n of Realtors, et. al.

January 17, 2024In April 2019, a class-action Complaint was filed in federal court for the Western District Court for Missouri arguing that the traditional payment agreements employed by many across the United States amounted to conspiracy resulting in the artificial increase in brokerage commissions. Plaintiffs, a class-action group comprised of sellers, argued that they paid excessive brokerage commissions upon the sale of their home as a result of the customary payment structure where Sellers agree to pay the full commission on the sale of their property, with Seller’s agent notating the portion of commission they are willing to pay to a Buyer’s agent at closing on the MLS or other similar system.
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