OMA Connections Partner, Dinsmore, updates us on a series of recent workers’ compensation legal actions that ultimately leave intact the Ohio workers’ compensation statute that limits compensation for pre-existing conditions.
Under current statute, an employee must prove a pre-existing condition was substantially aggravated to obtain workers’ compensation benefits for that condition. Further, once the condition has returned to a level that would have existed without the aggravating injury, no further compensation or benefits are payable for the pre-existing condition.
Last week, the Supreme Court of Ohio issued its decision in Clendenin v. Girl Scouts of Western Ohio, a case that tested this statute. The court ruled that the Industrial Commission had not denied the claimant participation in the system but had appropriately limited the amount of benefits the claimant could obtain for the pre-existing condition once the condition had returned to pre-injury status.
Per Dinsmore: “… Ohio employers should carefully review any claim allowed for substantial aggravation of a pre-existing condition to determine whether a motion should be filed requesting a finding that the condition has returned to pre-injury status.”
Read more from Dinsmore here. 5/22/2017