SB 7 changes workers compensation law. Enacted June 30, 2006 - effective date October 11, 2006. Major changes that took place in the law are as follows:
1. Reduces the 40-week waiting period for filing of an application for permanent partial disability (PPD) to 26 weeks. This is the workers compensation equivalent of pain and suffering. 26 weeks after injury (if no lost time involved) or 26 weeks after the last payment of TTD (temporary total disability the injured worker can file a C-92 PPD application.
2. Increases the threshold for BWC's $ 1000 medical only claim program to $ 5,000.00
3. Revises fingering numbering for PPD.
4. Increases the award for facial disfigurement from $ 5,000.00 to $ 10,000.00.
5. Allows the administrator or self-insuring employer as appropriate to deduct attorney fees and necessary expenses from a lump-sum payment and pay that amount directly and solely in the name of the attorney assuming certain specified procedures as set forth in the law are followed.
6. Permits the administrator to specify in the rules concerning procedures for resolution of medical disputes that those procedures must not be used to resolve disputes concerning medical services rendered that have been approved through standard treatment guidelines, pathways or presumptive authorization guidelines.
7. Changed law with regard to aggravation of pre-existing injury. Now, in order for an aggravation to be compensable it must be deemed "substantially" aggravated by a documented showing of objective diagnostic findings, objective clinical findings, or objective test results; and, once the substantially aggravated condition returns to the baseline (the level that would have existed but for the aggravating injury) no compensation or benefits are payable because of the pre-existing condition.
8. Injury now includes a psychiatric condition which arises from sexual conduct which the claimant was forced by threat of physical harm to engage or participate in.
9. Continuing jurisdiction of the Industrial Commission is reduced to 5 years (used to be 6 years for medical only claim and 10 years for lost time claim)
10. Specifies reasons an employee is NOT entitled to permanent total disability benefits (PTD).
11. Specifies that is PTD is awarded to a claimant because of a traumatic brain injury he can receive compensation regardless of subsequent employment in a sheltered workshop as long as the claimant does not earn more than $ 2,000.00 in compensation from that job in any given quarter.
12. Permanent total disability award compensation. Calculation of average weekly wage for setting PTD compensation will be based upon the statewide AWW for compensation in effect on the date of injury or on the date of PTD disability due to occupational disease.
13. Party may void a settlement agreement if the employee dies during the 30 day waiting period after the approval of the settlement by the BWC.
14. Settlement agreements may be approved wihout the employer's consent if employer is no longer doing business in Ohio, the employer has failed to comply with 4123.35, or the claim is not longer within the employer's experience.
15. States that the claimant's address and telephone number is no longer a public record. Only journalists are entitled to access to claimant's phone number and address.
16. Claimants who are incarcerated in state or federal or in a county jail in lieu of state or federal incarceration are not entitled to receive compensation during the period of incarceration.
17.