A referendum petition filed by a group representing injured workers prevents selected provisions of the Ohio Workers’ Compensation reform law from taking effect on June 30, 2006.

The following provisions will be placed before Ohio voters on the November ballot:

• Reducing non-working wage loss benefits to 52 total weeks and potential wage loss eligibility to a maximum of 226 weeks;
• Requiring objective evidence of substantial aggravation and limiting medical treatment until pre-injury status attained;
• Reducing the statute of limitations for both lost time and medical only claims to five years;
• Permanent and total disability eliminated for loss of one limb;
• Eliminating compensable psychiatric conditions alleged by third parties;
• Eliminating the claimant’s automatic right to dismiss an employer’s court appeal;
• Allowing self-insured employers the ability to opt out of surplus fund reimbursement.

Provisions of the reform law not included in the referendum are increased penalties for medical provider fraud, penalties for employers who are late in paying premiums and assessments, and limited reforms in the employer group rating program.

We will continue to monitor the referendum issue and update you with any new information.

Please contact us for further explanation of the reform law.