Effective June 30, 2006, there are substantive changes in Ohio workers’ compensation law.

These changes include:

• Limiting wage loss compensation eligibility to 226 weeks for working wage loss and non-working wage loss from a current potential of 400 weeks. Reducing the number of weeks that an injured worker is entitled to receive non-working wage loss compensation from 200 weeks to 52 weeks.
• Requiring injured workers to prove with objective medical evidence that a pre-existing condition was “substantially aggravated.” Medical benefits are limited to the time period needed to return the injured worker’s condition to its pre-injury status.
• Reducing the Industrial Commission’s continuing jurisdiction in medical claims to 5 years from the injury date and lost time claims to 5 years from the date of the last compensation paid. Currently, a medical only claim has a statutory life of 6 years from the injury date, while a lost time claim has a statutory life of 10 years from the last payment of compensation.
• Permanent and total disability compensation is eliminated for the loss of one limb. The rate at which PTD benefits are paid will be based on the injury date, and recalculation will no longer be permitted as current law allows.
• The definition of “injury” excludes psychiatric conditions arising from a compensable injury or occupational disease sustained by another employee. The definition of injury is expanded for victims of rape or sexual assault.
• Eliminates the ability of an injured worker to voluntarily dismiss an employer’s appeal filed in common pleas court. This allows an employer’s counsel to control the litigation when an employer files a court appeal on disputed matters.
• Allows self-insured employers to opt out of surplus fund reimbursement, resulting in reduced assessments.

There are additional provisions contained within the reform law that will impact Ohio employers and which brings Ohio more in line with the workers’ compensation laws of other states.

Please contact us for further explanation of the reform law and how the changes may impact your business.