Ohio Workers’ Compensation News and Information

Updated: April 11, 2014

Commission Updates Policies

The Industrial Commission updated the following policies in the Hearing Officer Manual.

  • Memo G.5: Guidelines for Permanent Total Disability Tentative Grant Orders (new)
  • Memo O.3: Staff Hearing Officers Review of Settlements (revised)
  • Memo R.7: Use of Audiovisual Evidence (revised)

The Commission also adopted Telephone Hearing Request Guidelines. The new policies became effective April 4, 2014.

2013 Rates Updated

The BWC corrected the 2013 statewide average weekly wage calculation, which has slightly changed the rates for 2013 given on the back cover. Our rates page has the updated rates.

New Wage Loss Rule

The BWC and Industrial Commission have adopted a new wage loss rule, O.A.C. 4125-1-01, effective February 13, 2014. Read our summary of the new rule.

Commission Holds Rules Hearing

The Industrial Commission scheduled a hearing on January 3, 2014, to consider amendments to O.A.C. 4125-1-01 (wage loss) and O.A.C. 4125-1-02 (electronic submission and acceptance of documents). You can read our summary of the proposed wage loss amendments. The proposed change to O.A.C. 4125-1-02 adds Revised Code Chapter 4125 to a listing of situations where electronic signatures can be used when a signature is required.

Recent Ohio Supreme Court Decisions

(current through April 21, 2014)

Richmond, State ex rel. v. Indus. Comm. (4/17/14)

VSSR: Commission may look to industry safety standards when determining how to interpret a specific safety requirement, although it may not base a VSSR award on industry safety standards which have not been adopted as specific safety requirements.

Vote: 7-0
Opinion by: Per Curiam

Robinson, State ex rel. v. Indus. Comm. (2/20/14)

Temporary Total: Commission properly determined that injured worker who had received copy of company policies and knew that her actions could result in termination lost eligibility for temporary total because she had voluntarily abandoned her employment when the employer terminated her for violating a work rule.

Vote: 5-1, 1 not participating
Opinion by: Per Curiam

Wyrick, State ex rel. v. Indus. Comm. (2/19/14)

Amputation / Loss of Use: Medical report which detailed restrictions on injured worker’s ability to use his arm which demonstrated severe limitations on ability to use arm, but which concluded that injured worker retained significant function in arm was internally inconsistent and therefore Commission could not rely on report to deny amputation/loss of use award.

Vote: 4-3
Opinion by: Per Curiam
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