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Michael J. Duber and Brandon T. Duber

A change to workers’ compensation via the Ohio Supreme Court

May 20, 2024 |

Recently, the Ohio Supreme Court made a ruling that changed a long-held part of Ohio workers’ compensation law. The decision came in the case of “Caldwell vs. Whirlpool” and stands to make a significant impact on cases going forward. And this is good news for workers.

The time to get a resolution for an appeal is now extended. Before the ruling, even if you properly filed your appeal, if the appeal wasn’t resolved within 5 years of the initial injury, you could not go forward. Now, as long as the appeal is filed properly, you can continue to pursue the deserved outcome for as long as necessary.

What will this mean for workers’ compensation claims?

Workers’ compensation appeals are among the most complex cases for injured workers, with high stakes. Often, a worker’s entire ability to recover from an accident without financial devastation hangs in the balance. These people now have the time they need to pursue their recovery options.

How often will this come up?

Denials of claims or benefits are a common cost-control measure for workers’ compensation insurance companies, so this may be a regular occurrence. It certainly helps extend the time frame to secure compensation.

Denials are not the end of your claim

Regardless of the Ohio Supreme Court’s ruling, the real point to remember here is that a denial does not mean your claim is over. You have the ability and right to continue to pursue the compensation you deserve for your injuries.

Recovery time moves faster than you can imagine

One of the most unsettling things that can happen to a person with an injury is the fast passage of time. Sometimes weeks pass, and all you focus on is the rehab or the survival level needs. That can take up a lot of your mental space and leave you with nothing left over to manage your other needs.

Your attorney stays on top of your legal and billing concerns so you can keep your mind on your health where it should be.