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An amendment to R.C. 4123.512 extends the court appeal deadline where the parties intend to settle a claim.

Monday, January 28, 2019

RC 4123.512 sets for the procedure to appeal a final order from the Industrial Commission into the court of common pleas. A notice of appeal must be filed within 60 days of receipt of the Industrial Commission Order.

This 60 day appeal deadline can now be extended by either the claimant or employer upon the filing of a notice of intent to settle the claim. The notice of intent to settle the claim must meet several requirements:

  1. It must be filed with the administrator of the BWC;
  2. It must be filed within 30 days of receipt of the final Industrial Commission Order; and
  3. It must be served on the opposing party and the party’s representative.

If these criteria are met, the deadline for filing an appeal into common pleas court is extended to 150 days UNLESS the opposing party files an objection within 14 days.

WARNING!  The intent of this provision is to allow parties time to settle claims.  BUT it also sets up a scenario where benefits will otherwise be extended for an additional 150 days in a claim being appealed by the employer.

 

UPDATE – SUCCESS FOR STATE FUND EMPLOYER! BWC APPROVES APPLICATION TO CHARGE SURPLUS FUND FOR NON AT FAULT MOTOR VEHICLE ACCIDENT IN ONE DAY

Wednesday, December 26, 2018

LL Patterson recently assisted a state fund employer in successfully having all its claim costs allocated to the surplus fund where their employee was injured in an auto accident caused by a negligent driver.  In July 2017, the BWC implemented a new procedure to help state fund employers in claims where their employees are injured in auto accidents caused by negligent third parties. In these circumstances, if the required documentation is provided, the BWC allocates all the claim costs to the surplus fund and NONE of the claim costs are counted against the employer’s experience. In April 2018, LL Patterson secured all the required documentation and forwarded the request to the BWC. The BWC approved the application on the same day it was received!

Statistical public data from the BWC indicates that currently there are 278 of these applications pending, with 181 approved, and 11 applications pending. So far, the BWC has approved approximately 65% of the applications. LL Patterson is confident we can beat this statistic!

Please note that certain documentation is required. These include Crash Report from law enforcement agency, Citation showing at fault third party, Proof of insurance for at fault third party, Proof that at fault party’s insurance accepts responsibility.  The BWC will REJECT any application that does not contain this mandatory information.

If you are a state fund employer and have a claim where one of your employees was injured in an auto accident caused by a negligent third party, PLEASE contact us!! We can help get all the claim costs allocated to the surplus fund so they do not count against your experience. This has the potential of LOWERING your premiums!!!

Not every workers’ compensation claim requires the help of an attorney. But if you need one, choose experience, reputation, and most importantly, someone who understands how you do business.

LL Patterson LLC is founded on the principle of providing clients with exceptional and results oriented service. The singular mission of LLP is to aggressively and exclusively protect Ohio Employers’ rights in workers’ compensation, OSHA, VSSR, and employment related issues. Whether you’re in the medical or healthcare industry, the construction field, education, the corporate world, or small business, the goal remains the same: to reach final closure of your workers’ compensation claim in as little time as possible while minimizing cost.

Lisa L. Patterson understands the complex intricacies of the Ohio workers’ comp system and has sixteen years experience working with this very specific and sensitive form of law. A seasoned Ohio employers’ advocate, she will work to ensure that all parties’ claims are fairly and efficiently executed to protect your interests and assets.