The Ohio legislature has enacted House Bill 79, which became law on January 6, 2009. House Bill 79 allows the group rating program to continue by simply changing one word in Ohio Revised Code §4123.29.
Continue Reading Ohio Legislature Preserves BWC Group Rating Program For the Time Being
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Court Enjoins BWC Group Rating Program
By Brian Hall on
On November 18th, the Cuyahoga County Common Pleas Court in San Allen v. Ohio BWC issued an injunction prohibiting the Ohio Bureau of Workers’ Compensation from enacting its current group rating plan and requiring it to enact a retrospective rating plan for the policy year starting July 1, 2009.
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Ohio Workers’ Compensation Law Amended to Allow Coverage for Out-of-State Employees Injured in Ohio
By Porter Wright on
Effective September 11, 2008, Ohio has amended its Workers’ Compensation Act to provide coverage for out-of-state employees who are injured while temporarily working in Ohio.
Continue Reading Ohio Workers’ Compensation Law Amended to Allow Coverage for Out-of-State Employees Injured in Ohio
BWC Long-Term Premium Plan Impacts Group Rating Program
By Brian Hall on
On June 27, 2008, the Ohio Bureau of Workers’ Compensation (BWC) Board of Directors unanimously approved the first phase of a long-term plan that will transition to a new split experience rating method for calculating premium rates that is designed to cushion the premium blow that state-funded employers frequently receive as the result of a…
Intentional Tort Amendment Found Unconstitutional
By Porter Wright on
On March 18, 2008, the Court of Appeals for the Seventh Appellate District struck down the portion of Ohio’s Tort Reform Act that created a heightened standard for employees bringing intentional tort claims against their employers. Specifically, Kaminski v. Metal & Wire Prods. Co., Case No. 07-CO-15 (7th Dist. March 18, 2008), was the first appellate decision addressing the constitutionality of this heightened standard, and it found the standard improper.
Normally, an employee who suffers a workplace injury cannot file a lawsuit but must, instead, seek compensation under Ohio’s workers’ compensation system. Proof that the employer’s conduct was intentional, however, allows the employee to go around the workers’ compensation system and file a lawsuit for damages. …
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Recent Ohio Supreme Court Decision Represents Key Victory for Ohio Employers
By Porter Wright on
The Supreme Court of Ohio recently released a decision in Bickers v. Western & Southern Life Ins. Co. that expressly limits the Court’s previous holding in Coolidge v. Riverdale Local School Dist.
Continue Reading Recent Ohio Supreme Court Decision Represents Key Victory for Ohio Employers