What happened?

On March 5, the Ohio Supreme Court, in a very polemic decision, will now make it easier for employers to recoup overpayments when an injured worker has reached maximum medical improvement after collecting temporary total disability benefits.

What are the details? 

From 1998 until March 2024 (the Last 25 Years), the court determined that the proper date for termination of Temporary Total Disability (TTD) benefits based upon a finding of Maximum Medical Improvement (MMI) was the date of the termination hearing and not the earlier date of the non-attending physician’s report declaring MMI.  

The 2024 Ruling: THE CHANGE.

In March 2024, The Ohio Supreme Court determined that the date for termination of TTD benefits was the date when the injured worker was declared MMI by any physician, including a physician hired by the employer to examine and determine MMI.

Conclusion: essentially the court overruled the 1998 decision, which is great news for employers, and according to Roetzel & Andress law firm: “…employers are permitted to request termination of a claimant’s ongoing TTD compensation from the date of the independent medical examination report finding MMI. This is true even if the date of the independent medical examination report precedes the date of the Industrial Commission Hearing on the issue.”  

Business Considerations 

• Employers can now argue for the retroactive termination of Temporary Total Disability (TTD) and a determination of Maximum Medical Improvement (MMI) based on the date of an Independent Medical Examination (IME), not the termination hearing date.
• If retroactive termination of TTD is approved, the Bureau of Workers’ Compensation (BWC) or self-insured employer can declare an overpayment.
• They can then recoup any compensation paid between the date of the MMI finding and the Industrial Commission hearing that terminates TTD.
• This change in process could lead to significant cost savings for employers.
• You should seek an attorney’s advice if you feel concerned about the implications of this ruling. 

Resources

• State ex rel. Dillon v. Indus. Comm. 

Source References

• Employers Win Big Under Ohio Supreme Court’s Workers’ Comp Ruling: Here’s What You Need to Know About Recouping Overpayments (Fisher & Phillips LLP.)
• Supreme Court Issues Decision Finding TTD Compensation Can Be Terminated Based on MMI Prior to the Date of Industrial Commission Hearing (Roetzel & Andress.)
• The Ohio Supreme Court Opens the Door for Retroactive Termination of Temporary Total Disability Benefits (Reminger)
• RECENT COURT RULING: IMPLICATIONS FOR INJURED WORKERS (ZAMORA & HOGAN CO., L.P.A.)

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