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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

Invisible Algorithms: The Hidden Role of Artificial Intelligence in USCIS Immigration Processing

February 10, 2026The Department of Homeland Security has confirmed that artificial intelligence and machine learning tools are now integrated into numerous operational functions within U.S. Citizenship and Immigration Services (USCIS). These tools are described as mechanisms to improve efficiency, reduce backlogs, and assist officers in managing an unprecedented volume of applications. DHS emphasizes that human adjudicators retain decision-making authority and that AI systems do not independently grant or deny immigration benefits. Find out how AI affects the U.S. immigration process.Client Alert

OAAPN | Year In Review: 2026 Ohio Board of Nursing and Ohio Law Rules

February 9, 2026Find out key changes to Ohio law and the Ohio Board of Nursing rules that have directly impacted APRN practice over the past year, including Psychiatric Inpatient Documents, Intimate Examinations, Signature Authority, Duties Related to Fetal Death, Retail IV Therapy Clinics, Release from Permanent Restrictions, Disciplinary Action, Course on Drugs and Prescriptive Authority, Overdose Reversal Drugs, Office Based Opioid Treatment, Withdrawal Management for Substance Use Disorder, Safe Haven Program, and more.Client Alert

Ohio House Bill 537: Proposed Regulations for Midwives and Birthing Centers

January 28, 2026House Bill 537, introduced in the Ohio House of Representatives, proposes a comprehensive regulatory framework for certified nurse-midwives, certified midwives, licensed midwives, and traditional midwives. The legislation would clarify scope of practice, establish licensure standards, and impose new requirements for freestanding birthing centers and home births. Healthcare providers and facilities should be aware of the proposed changes and their potential operational impact.Client Alert

Proposed Health Information Privacy Reform Act Expands Protections Beyond HIPAA

January 26, 2026The Health Information Privacy Reform Act (HIPRA) seeks to extend privacy protections to health data not covered under HIPAA, including data collected by apps and wearables. HIPRA introduces broader definitions of protected health information, strengthens privacy and security requirements, establishes patient notification rights, and sets national de-identification standards. Companies processing health data should monitor developments to ensure compliance.Client Alert

Medicare Updates on Skin Substitutes: LCDs Withdrawn, Payment Changes Take Effect

January 23, 2026Medicare’s planned Final Local Coverage Determinations (LCDs) for skin substitutes were withdrawn in late December 2025, meaning previous coverage rules remain in effect. The 2026 Medicare Physician Fee Schedule introduces a single payment rate of approximately $127.14 for these products. Providers should review implications for diabetic foot and venous leg ulcer treatments.
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