Monday, May 05, 2008

Review of Ohio Workers' Compensation final settlement cases

The Ohio Bureau of Workers’ Compensation is trying to figure out the impact of the April 16th. Supreme Court ruling that sided with an injured worker with a low IQ and limited reading skills who broke his leg in a fall at a Galion factory back in 1997. (See Article)

In that case, State ex rel. Wise v. Ryan, the injury was incurred in 2005, there had already been surgery, and Wise was receiving temporary total disability when he was approached by his employer’s third party administrator purporting final settlement of his claim. Wise settled his claim but did so without the benefit of an attorney’s assistance; five years later, with that assistance, he sought to reopen his case – which is where the current situation ended up.

Central to the case is ORC § 4123.65, which was amended two years ago. Wise was given a standard form from the Bureau of Workers’ Compensation, which instructed the parties to “clearly set forth the circumstances by reason of which the proposed settlement is deemed desirable.” That portion of the form had been left blank. The Court found, too, that “the claimant had a fourth grade comprehension level, but the settlement agreement is obviously written in legal wording that is well beyond that which could be read & understood by a fourth-grader.”

“R.C. 4123.65(A)’s language is mandatory,” the Court said, “not permissive…. Moreover, the requirements of R.C. 4123.65 demand strict compliance.”

3 comments:

Anonymous said...

im permanantly and totaly disabled from workers comp for the rest of my life was injured 3-23-1998 was on temporary total 4 seven years,i was making 13$ an hour when injured,have had two major back fusions,have mental conditions on my claim,im only 43 years old,they pay over 2000$ a month just for my medicine,they give me 1.260.00$ a month,im on social security and medicare,how im i supose to even begin to figure how much i should ask 4 a final setlement award,oh yeah also see drs two of them once a month,im tired of living like a por ass,what they have put me through the fights for surgeries 2 get aproved the chronic pain for the rest of my life,when i hurt my back i was maried my wife couldnot handle it ended in divorce,screwd my credit up.i want to buy a house ,a masaging recliner,maybe a spa, would be excelent for a guy whos back is held togther with lag bolts,the suicide atempts,but get a lawyer what have to give him another 9000$ 4 nothing,whats a god amount to ask for, its my money ,damn it i just want to be comfortable til i die!!! i live in a 1972 mobile home,sleping on a freaking futon,had a excelent job never no raises on workers comp,be nice 2 know a # to ask for,i just want what i deservre! k.hall 98-359465

Allan Reich said...
This comment has been removed by the author.
Allan Reich said...

Allan Reich, New York State Licensed Workers Compensation Representative can guide you and your family through the process, helping you fight for the money that you need to pay your mortgage, put food on the table and heal from your injuries.