On June 5, 2019, the Ohio House of Representatives passed Substitute House Bill 80, which proposes several changes to the operation of the Bureau of Workers’ Compensation’s programs.
Under the current law, a first responder is prohibited from bringing a claim for a psychological condition without an underlying physical condition. This amendment will allow first responders to bring a claim for Post Traumatic Stress Disorder (PTSD) regardless of whether a physical injury is present. Those who are opposed to this change, argue that the language as written in HB 80 is vague and fails to provide sufficient parameters around the coverage, such as limits for compensation and benefits.
Additional changes are being made to Temporary Total Disability compensation (TTD). Currently, employers are permitted to require employees to use accrued sick leave while they are receiving TTD. The proposed amendment will require employers to credit back accrued sick leave when the employee receives TTD under the workers’ compensation claim or, alternatively, requires employers to pay the sick leave in addition to the TTD benefits.
The amendment will also prohibit an employer from making an employee’s resignation a condition of settlement. This provision will effectively prohibit employers from using a workers’ compensation claim to force the discharge of an employee solely to facilitate settlement of a claim. Such a restriction could make it more difficult to settle workers’ compensation cases.
Finally, the amendment will codify the common law doctrine of voluntary abandonment set out in State ex rel. Gross v. Indus. Comm., 115 Ohio St. 3d 249, 253 (2007). Under this doctrine, a claimant must be medically incapable of returning to the claimant’s former position and the claimant’s injury must be the cause of the claimant’s lost earnings in order to be eligible for temporary total compensation. If there is another reason for the lost earnings unrelated to the injury, the claimant is not eligible for temporary total compensation.
The bill will now move on to the Ohio Senate where hearings are expected to begin as early as next week. As part of our workers’ compensation representation, FDAR will monitor the developments with this bill. It is critical for employers to stay informed of changes in Ohio Workers’ Comp laws and other employment and labor laws. If you need a partner to keep your business compliant, contact us at 614.221.1216 or info@FishelDowney.com.