Smart Summary for Employers

  • Sub. H.B. 27, containing numerous Workers’ Compensation provisions, became fully effective on 9/29/2017.
  • New provisions alter old rules or create new rules on filing limitations, intoxication and incarceration, attorneys’ fees, firefighters and more.

The Ohio Legislature recently made a few tweaks to the law that you should be aware of. Here are some of the highlights:

Old rule: The statute of limitations to file a Workers’ Compensation claim was 2 years.

New rule: The statute of limitations to file a Workers’ Compensation claim was reduced to 1 year.

Old rule: Parties had 60 days to file an appeal into Court on “right to participate” issues.

New rule: If the parties agree, there is a mechanism to extend the deadline from 60 days to 150 days before an appeal is due so that the matter can be settled.

Old rule: Statute listed various drugs and levels of intoxication for purposes of the “rebuttable presumption” (that drug use caused the injury) to apply.

New rule: List is eliminated and in its place, general Federal Guidelines now apply with regard to intoxication levels.

Old rule: Compensation was denied only to an incarcerated claimant.

New rule: Neither an incarcerated claimant nor an incarcerated dependent is entitled to compensation.

Old rule: If a claimant was successful in Court on a “right to participate” issue, his/her attorney was entitled to attorneys’ fees, capped at $4,200.

New rule: The cap has been increased to $5,000.

New rule: Firefighters, who previously were not entitled to “wage loss” compensation in an allowed cancer claim, are now eligible for such compensation.

The Firefighter Cancer Presumption is now rebuttable.

For a complete listing of the statutory changes, please click here.