Tag: statute of limitations

Third District Court of Appeals Finds That Statute of Limitations Is not Tolled by Additional Condition Requests For many years now, employers have become accustomed to an injured worker filing compensation requests such as to increase permanent partial disability or for medical treatment only days before the statute of limitations in order to keep their claim alive. Courts have long upheld the practice finding that the application for such a benefit tolls the statute of limitations during the period in which the claim is being adjudicated by the Industrial Commission. This particular case centered around an injury that occurred in 2014. The plaintiff received an award of partial disability benefits in August 2015, and the final medical bill was paid in September of that year. This gave until September of 2020, five years after the payment date for the final paid medical bill, until the statute of limitations expires. However, in June 2019, the plaintiff filed a C-86 motion that requested the claim be amended to include several right shoulder conditions. These were rejected by a district and staff hearing officer and on a subsequent appeal to the Industrial Commission. Subsequently, in May 2020, the employee filed a Notice of Appeal and Complaint in the Court of Common Pleas. In February 2021, the defending employer filed a Motion for Summary Judgement alleging that the claim had expired due to the statute of limitations in September 2020. The trial court approved this motion finding that the C-86 motion, which had been denied, was not enough to toll the statute of limitations, and thus the claim was no longer active. The plaintiff appealed this decision to the Third Circuit Court, arguing that the request for additional allowance should be regarded as an application for further compensation, treatment, and medical coverage related to the particular issues under consideration. The Third Circuit rejected this argument, finding that to toll the statute of limitations, the Ohio Revised Code requires payment of either medical benefits or compensation. The plaintiff’s request pertained to neither of these and thus, the claim had indeed expired. As a result, the Third Circuit upheld the lower court’s ruling. Employer Takeaways For Ohio employers, this is a favorable ruling. An employee’s attorney may request compensation or medical benefits to avoid the issue entirely. However, this ruling gives employers a solid reason to pay attention to motions made near the statute of limitations. Stay updated on all the new rules of compliance with Pre-employs free news resources on employment eligibility. Contact a Sales Rep today for more information. STAY COMPLIANT WITH YOUR BACKGROUND CHECKS

Tag: statute of limitations

Third District Court of Appeals Finds That Statute of Limitations Is not Tolled by Additional Condition Requests

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