From all of us at OAJ, we wish you and yours a happy and safe Thanksgiving. The OAJ office will be closed Thursday Nov. 26th and Friday Nov. 27th in observation of the holiday.
Rule allows full lump sum payment
Effective November 13, 2015, injured workers can now receive a lump sum payment equal to all that remains to be paid out of their workers’ comp claim, not just one-third of the remainder as was the prior policy. At the same time, this rule denies surviving spouse and children the right to apply for a lump sum payment on their deceased loved one’s claim. OAJ opposed the restriction and supported the full payment.
Click here to link to Rule 4123-3-37
BWC Board Approves Out-Of-State Policy Option
Starting in early 2016 Ohio businesses with employees who work out-of-state will have the option to purchase private WC insurance through the BWC. The policy change, recently approved by the BWC Board, was made possible by a law enacted last year that grants BWC the ability to contract with an insurer licensed in other states to provide the optional coverage.
Uninsured denied non-economic damages
Legislation referred to as “no pay, no play,” which denies uninsured drivers the right to recover non-economic damages, is being heard in the House Insurance Committee. OAJ opposes the bill. In order to generate media stories, OAJ NEEDS EXAMPLES OF CLIENTS WHO WOULD BE DENIED JUSTICE if this legislation becomes law. Please notify John Van Doorn at the OAJ office if you can help.
Click here to link to HB 279
Still no sign of subrogation lawsuit
OAJ continues to watch for a lawsuit that an insurance trade group said it would file in an effort to stay the enforcement of Ohio’s new pro-rata subrogation law. To date, OAJ is not aware of such a suit being filed.
If you have a case where the insurance company files a motion (not just makes a claim) regarding the constitutionality of the new subrogation law, PLEASE NOTIFY OAJ IMMEDIATELY.
Click here to connect with R.C. 2323.44 Rights of subgrogee
Yost backs Fischer for Supreme Court
State Auditor Dave Yost joined a growing list of key endorsees Judge Pat Fischer for the Ohio Supreme Court. Judge Fischer from the First District Court of Appeals is seeking the seat being vacated by retiring Republican Justice Ann Lanzinger and has the endorsement of the Ohio Republican Party. Judge Colleen O'Toole of the 11th District Court of Appeals has also said she will run for the seat. The winner will face Democrat Judge John P. O’Donnell in the general election.
Upcoming OAJ CLEs
Mark your calendar now for our upcoming CLE's, More information is available online at www.oajustice.org/events
December 3 - 4 | 2015 Winter Convention - Sessions this year include Workers' Compensation, General PI, Medical Malpractice, Social Security, Employment Law, Voir Dire and Focus Group Demonstrations, PERS and Professional Conduct.
January 21 | Insurance Law: Navigating through Statutes, Insurance Policies, and Regulations - Learn how to handle insurance coverage questions in employment cases, gather tips on how to respond to insurance companies that may distort information, learn about the interplay between workers’ compensation and insurance law, and hear about hot issues before the US Supreme Court. View this seminar in person in Columbus or online from your office or home.