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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

Immigration Orders and Their Economic Impact on Small Business: Insights from Attorney and Former Immigration Judge Rob Ratliff

January 30, 2025President Trump's recent executive orders, targeting immigration policies, could significantly impact small businesses in Ohio, particularly those owned by undocumented immigrants. With stricter visa vetting, halted refugee admissions, and potential deportations, these businesses face uncertainty, workforce disruption, and closures. Ohio's immigrant-owned businesses, especially in food services and transportation, contribute billions to the state economy, and any disruption could result in economic ripple effects.Client Alert

Corporate Transparency Act Ruling from the U.S. Supreme Court

January 24, 2025The U.S. Supreme Court recently ruled on the enforceability of the Corporate Transparency Act (CTA), lifting an injunction previously imposed by the Fifth Circuit. However, a separate nationwide injunction remains in effect, meaning businesses are still not required to comply with the CTA’s reporting requirements. FinCEN continues to accept voluntary reporting while enforcement remains paused.Client Alert

Lead Paint Contamination and Resources for Ohio Landlords

January 20, 2025Children are exposed to lead-based paint, which was used in most homes until it was banned in the US in 1978 and “can severely damage the brain and central nervous system causing coma, convulsions and even death.” Property owners and landlords should educate themselves on regulations and resources to mitigate their own liability.Client Alert

Will Student-Athlete Collectives Survive NIL Changes?

January 20, 2025By July 2025 the landscape of student-athlete funding will look nothing like the current landscape, so preparing now is a must. If you are a student-athlete, the parent of a student-athlete, a university/college, or “booster”, it behooves you to understand these evolving issues.Client Alert

Ohio's Recent Rule Changes to Administration of Immunizations, Outpatient Pharmacy Delivery, and Mobile Response Services

January 20, 2025The Ohio Board of Pharmacy (“BOP”) and Ohio Department of Mental Health and Addiction Services (“OMHAS”) recently posted notices of Ohio Administrative Code rule changes related to the administration of immunizations (BOP), outpatient pharmacy delivery services (BOP), and mobile response and stabilization services (OMHAS).
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