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WORKERS’ COMPENSATION

on Jan. 11, 2019, regarding the allowance day filing deadline if the BWC ultimately
of the psychological condition. Per the disapproves settlement? PHIL WEAVER
instructions on the C-512 form, the Answers to these questions could be
claimant (opposing party) had to indicate satisfied by the BWC, if the “Disapproval MEDIATION
whether they were supportive of initiating of Notice of Intent to Settle Application”
the settlement process or whether they letter stated whether or not the 150 UNIQUELY BALANCED
objected to the request to initiate the day filing extension remained in affect
settlement process. after settlement has been disapproved. 45 years plaintiff and defense
The claimant did not object to the notice Otherwise, this new procedure will lead
of intent settle as required by the C-512 to more litigation between employers and
form. Instead, the claimant asserted that claimants and not less litigation as hoped personal injury,
the BWC did not have the authority or for under this new procedure. wrongful death,
commercial
the ablity to settle the claim because the auto, truck,
claimant had previously filed an appeal home, fire,
into common pleas court on the denial of Margaret O’Bryon is Counsel at products,
his request for additional allowances for McDonald Hopkins LLC. As part medical,
of the firm’s Litigation
physical conditions. PWFCO_logo1.pdf 1 9/8/2016 4:41:05 PM construction
The BWC then issued a letter essentially Department, she focuses her
agreeing with the claimant’s position practice on workers’
stating “Disapproval of Notice of Intent compensation employer defense law, public
to Settle Application.” This letter was law, and employment law. She is also an
issued even though the claimant did not assistant law director for the city of Elyria,
follow the proper procedures as required representing the city in their workers’
by the C-512 form. It appears from the compensation department. She is an OSBA
disapproval letter that the claimant is not certified specialist for workers’ compensation.
required to file a proper objection within She can be reached at (216) 348-5740 or (440) 243- 4994
the 14 day period if a lawsuit has already mobryon@mcdonaldhopkins.com. pjw@smithmarshall.com
been filed into common pleas court.
The BWC’s letter did not address the 150
day extension. ORC 4123.512 provides that
“The filing of the notice of intent to settle
extends the time to file an appeal to 150 days,
unless the opposing party files an objection
to the notice of intent to settle within 14 days
after the date of the receipt of the notice of
intent to settle.” In this particular situation,
the opposing party never filed a proper
objection to the notice of intent to settle as
required on the C-512 form. The 60 day filing
deadline had already past and the employer
did not file an appeal because of its reliance of
on the 150 day extension.
The purpose of the changes in the law
is to encourage settlement between the
parties before a lawsuit is filed. However, as
illustrated above, where related claims have APPELLATE ADVOCACY
been filed into court, which is common, the Chances are your opponent‘s legal team includes a
statute has created issues that could lead to
the depravation of rights of the parties. The certified appellate specialist, yours should too.
answers to the changes in the law questions
remain uncertain. Does the notice of intent For over twenty years our firm has been assisting attorneys
with civil, criminal, and administrative appeals and trial court
to settle apply only to claims that have motion practice across Ohio as well as in the federal system.
not been filed into court? How does the Estimates available upon request.
notice of intent scenario play out when
the claimant is still requesting additional 50 Public Square, Suite 1910, Cleveland, OH 44113
conditions at the administrative level? Does OFFICE: (216) 344-9393 E-MAIL: pwf@pwfco.com
the notice of intent to settle extend the 150
May 2019 Cleveland Metropolitan Bar Journal | 19