New Ohio Invoice Enacts Guardian-Employee Change to Staff’ Accident Compensation Act

By Jason Wilson Last updated Jul 25, 2021

Governor Mike DeWine signed House Building 75 on June 29, 2021 and allocated a budget to the Ohio Workers ‘Accident Compensation Act (BWC) for the two years 2022-2023 under the Workers’ Accident Compensation Act. Changes adopted for employers. These changes include:

Ask the sick pay applicant to wait 26 weeks after the last payment to apply for permanent partial disability (PPD).
Encourage beneficiaries who have previously been denied permanent total disability (PTD) to submit new and amended terms and conditions before reapplying for benefits
The limitation period for occupational diseases will be reduced from two years to one year from the onset of the illness.

These are welcome changes for employers. In particular, if injured workers have to wait 26 weeks from the last payment installment to apply for PPD, it means working for some injured workers to qualify for the PPD award sooner. It should encourage you to come back. Asking the petitioner to show a newly changed situation in order to reclaim the PTD would discourage this frivolous pursuit of coveted interests. In many cases it can be difficult to point out a new and changed situation when a claim reaches a point where PTD can be made feasible. However, the same “new and changed situations” are required to request a permanent increase in partial disability, and even when such situations do not exist, such requests are often allowed. Increase. Finally, shortening the statute of limitations for claims based on occupational diseases can reduce the total number of those claims.

House Bill 75 contains two additional fixes. One is approved by the Ohio Judiciary Association and allows plaintiffs’ attorneys to produce a power of attorney that allows them to monetize performance checks on behalf of their clients. The other, approved by Ohio Broadcasting Corporation, makes changes to the “Journalist Exemptions” announced by RC 4123.88 (D). These changes help prevent plaintiffs’ lawyers from entering into contracts with journalists to seek work from injured workers. This change requires BWC to disclose certain personal data of the applicant to journalists upon request, and journalists must demonstrate that the information received from BWC will not be used for any purpose other than reporting. .. Violations of this policy may result in civil penalties.

The two-year budget of House Bill 75 also brought a return to a face-to-face hearing that may have happened earlier than expected. The Industry Commission returned for a face-to-face hearing on July 6, but the plaintiff now has the option of making a phone call instead of being physically present (which is rarely used, however). It has always been an option for injured workers). Parties who decide not to participate in person must waive their right to be heard directly. This waiver is not required for attorneys or parties directly accompanied by non-attorneys. Otherwise, the exemption is required either orally (if the party is represented by a lawyer acting at a remote location) or in writing (if the party is represented by a non-legal representative acting at a remote location).

House building 75 will be legalized on Monday, September 27, 2021.

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