Ohio’s new workers’ compensation laws went into effect Tuesday, Sept. 15, 2020.  The new Ohio laws are set forth in Ohio House Bill 81, which makes substantial changes to the state’s workers compensation system. These changes include the following:

1 – Statute of Limitations for Filing VSSR Claims Reduced 

Previously, a claimant had two years from the date of injury, occupational disease or death to file an Application for Additional Award Due to a Violation of Specific Safety Requirement (VSSR claim).  The new law contained in Ohio Revised Code 4121.471 reduces the statute of limitations down to one year.  Claimants now have one year to file a VSSR claim.   

2 – Voluntary Abandonment Law Codified 

The new law amends Ohio Revised Codes §4123.56 and 4123.58 in an attempt to codify the case law dealing with “voluntary abandonment.”  Under Ohio Revised Code §4123.56, which deals with temporary total disability benefits and wage loss benefits, the new law states that if an employee is unable to work or suffers a wage loss as the direct result of an impairment arising from an injury or occupational disease, the employee is entitled to receive compensation under this section, provided the employee is otherwise qualified. 

The new law also states that if an employee is not working or has suffered a wage loss as a direct result of reasons unrelated to the allowed injury or occupational disease, the employee is not eligible to receive temporary total disability benefits or wage loss benefits. The new law expressly states the intent of the General Assembly was to supersede a previous judicial decision that applied the doctrine of voluntary abandonment.

Similarly, Ohio Revised Code §4123.58 was also amended and now states that permanent total disability benefits shall not be compensated when the employee retired or otherwise is not working for reasons unrelated to the allowed injury or occupational disease. 

3 – Law Dealing with Settlements Changed 

The new law amends Ohio Revised Code §4123.65, which deals with settlements in state-funded workers’ compensation claims. Under the new law, a state fund employer shall not deny consent to a settlement application if both of the following apply to the claim:

• The claim is no longer within the date of impact pursuant to the employer’s industrial accident or occupational disease experience; and
• The employee is no longer employed by the employer.

4 – Funeral Expense Increased

Pursuant to amended Ohio Revised code §4123.66, the funeral expense cap is increased from $5,500 to 7,500. 

5 – Continuing Jurisdiction Statute Amended

The continuing jurisdiction statute, Ohio Revised Code §4123.52, is amended to provide that the continuing jurisdiction of the Industrial Commission runs five years from the last date of medical services or the last date of compensation.  Before the amendment, workers’ comp claims remained open for five years from the date of last payment rather than the date of service. 

6 – Medical Testing for Corrections Officers and First Responders Required

The revised statute, Ohio Revised Code 4123.026, now requires the Bureau of Workers’ Compensation or a self-insured public employer to pay the cost of providing post-exposure medical diagnostic services to first responders and detention facility employees. 

---

Martin J. Boetcher is a lawyer with Harrington, Hoppe & Mitchell, and practices in employment law. He can be reached at mboetcher@hhmlaw.com or at (330) 744-1111.

            .