On June 3, 2020, the Ohio Industrial Commission unanimously voted to place all issues referred for adjudication on the active telephonic hearing docket. Since March, the Industrial Commission has conducted all hearings by phone due to the COVID-19 pandemic.
Continue Reading Industrial Commission of Ohio unanimously votes to add remaining issues to active telephonic hearing docket

Previously, the Ohio Bureau of Workers’ Compensation (BWC) announced it will defer employer premium installment payments for the months of March, April and May, making those payments due June 1, 2020. Now the BWC has announced it will further defer premium installment payments for the months of June, July and August as well. This means the deferred premium installment payments are now due Sept. 1, 2020.
Continue Reading Premium deferral extended and other Ohio BWC updates

As we previously reported in this blog post, Ohio lawmakers have proposed multiple bills that would expand Ohio workers’ compensation laws in reaction to the COVID-19 pandemic. Recently, the Ohio House passed an amended version of the previously introduced legislation.
Continue Reading Update to Ohio lawmakers’ efforts to expand Ohio workers’ compensation laws in response to COVID-19 pandemic

On April 15, 2020, the Illinois Workers’ Compensation Commission issued an emergency amendment creating a rebuttable presumption that, for any essential employee who files for COVID-19 related injuries, those injuries will be presumed to have arisen out of and be casually connected to their employment. You can read more about this amendment and its effects in our prior blog post. As we expected, challenges to the validity of this amendment have already begun.

Continue Reading Avoiding the avalanche for now: Court Issues temporary restraining order barring Illinois Workers’ Compensation Commission’s emergency amendment

As Ohio attempts to move forward during this pandemic, the Ohio Bureau of Workers’ Compensation (BWC) is doing the same. For example, the BWC has resumed the scheduling of medical exams where necessary, is using alternative methods such as file reviews when possible, and has provided guidance on telemedicine resources to assist with the continuation of benefits to injured workers. The BWC is also making efforts to ease the economic impacts to businesses related to the COVID-19 pandemic. Below are some highlights that employers, both self-insured and state-funded, should be aware of during this unprecedented time.
Continue Reading Ohio BWC pandemic-related developments

Ohio lawmakers have proposed multiple bills that would expand the Ohio workers’ compensation laws in reaction to the COVID-19 pandemic. At the end of March 2020, lawmakers introduced House Bill 573 that would include COVID-19 as a statutorily defined occupational disease under the Ohio workers’ compensation laws, similar to other occupational diseases such as asbestosis.

Continue Reading Proposed changes to Ohio workers’ compensation laws react to COVID-19 pandemic

This blog was updated on April 28, 2020 in the blog, “Avoiding the avalanche for now: Court Issues temporary restraining order barring Illinois Workers’ Compensation Commission’s emergency amendment.

As of April 16, 2020, the Illinois Workers’ Compensation Commission has created a rebuttable presumption that, for any essential employee who contracts COVID-19 and later files for workers’ compensation for those injuries, that employee’s injuries will be presumed to have arisen out of, and be causally connected to, their employment.


Continue Reading Illinois Workers’ Compensation Commission opens the door to an avalanche of COVID-19 claims

On Friday April 10, 2020 the Ohio Bureau of Workers’ Compensation (BWC) Board of Directors approved Gov. Mike DeWine’s plan to distribute $1.6 billion to state business in light of the current economic downturn related to the COVID-19 pandemic. The agreed amount is roughly equal to premiums paid by Ohio employers for the 2018 policy year.
Continue Reading Ohio BWC to refund $1.6 billion to Ohio employers

On April 8, 2019, the Ohio Bureau of Workers’ Compensation (BWC) published an updated Frequently Asked Questions (FAQ) page that specifically recognizes the potential compensability of COVID-19 claims as occupational disease claims. The BWC acknowledges that although communicable diseases like COVID-19 are typically not compensable, there is a possibility that the BWC could allow claims for this virus. When evaluating compensability, the BWC will consider how the disease was contracted and the nature of the claimant’s occupation. The BWC is careful to note that few jobs will have a greater risk of exposure than the general public which will be a hurdle for a claimant with a COVID-19 claim.
Continue Reading Updated Ohio BWC guidance regarding COVID-19 concerns