Conflicting court decisions regarding the injured worker’s right to dismiss employer’s appeal in court case.

Posted by on Nov 4, 2015 in Uncategorized, updates

In Ferguson v. State, 2015 Ohio 4499, the Court of Appeals for Ohio’s Eight District upheld the trial court decision granting an injured workers’ right to dismiss an employer’s appeal in an Ohio workers’ compensation case when the appeal was filed by the employer.  In 2006 the Ohio legislature amended O.R.C. section 4123.512.  This amendment eliminated the injured worker’s right under Rule 41 of the Ohio Rules of Civil Procedure to dismiss a case in common pleas court with the right to re-file it when the appeal was filed by the employer.   The court found this amendment to O.R.C. section 4123.512 was unconstitutional.  Click here to read the full version of the case  However, recently, in Antoun v. Shelly Co., 2016 Ohio 5392, the 7th District Court of Appeals found that the injured worker did not have the right to unilaterally dismiss the complaint when the employer filed the notice of appeal.  Click here to view the full version of the case.  This issue has yet to be decided by the Ohio Supreme...

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BWC reports 7 injured workers convicted of fraud in September 2015

Posted by on Oct 28, 2015 in Uncategorized, updates

Columbus – Ohio Bureau of Workers’ Compensation (BWC) Administrator/CEO Steve Buehrer announced today that seven individuals were convicted of, or pleaded guilty to, charges related to defrauding Ohio’s workers’ compensation system in September 2015. These court actions are the result of investigations conducted by BWC’s Special Investigations Department (SID).  Click here for...

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New Wage Loss Rule in effect February 13, 2014

Posted by on Mar 4, 2014 in Uncategorized, updates

The Industrial Commission of Ohio has adopted new rules governing wages loss compensation.  The prior version of 4125-1-01 has been revised.  This new rule applies to all wages loss compensation applications after the effective date of February 13, 2014.  The new rule codifies some prior court case decisions and now includes language dealing with online job search efforts.  To review the new rule click...

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