Ohio’s House Bill 197 Tolling Statutes of Limitations has Impact on Workers’ Compensation Process

As part of the state’s efforts to respond to the COVID-19 pandemic, on March 27, 2020, Governor DeWine signed H.B. 197 into law. The legislation attempts to provide temporary relief to individuals and businesses by tolling the time limit for the filing of a civil action or request for relief from certain governmental agencies. The legislation also postpones statutory and regulatory deadlines in administrative proceedings. This would include Ohio’s workers’ compensation system and its legislative process. Below is a quick list of how the legislation could impact the workers’ compensation process in Ohio.

Filing of New Claims

Currently, Ohio law provides an injured worker with a one year statute of limitations for filing a workers’ compensation claim. Under H.B. 197, if the expiration date falls between March 9 and July 30, 2020, it will be extended until July 30, 2020. In other words, if a claimant’s right to file a claim would have expired on April 1, he or she now has until July 30 to file that claim.

Appeals from Bureau Orders

H.B. 197 also tolls any appeal filed from a BWC order if the right of appeal would have expired between March 9, 2020 and July 30, 2020. This would include appeals from denials of treatment, awards or denials of benefits, and allowance and recognition of claims.

Rights of Appeal from Industrial Commission Hearings

One of the more complicating changes under H.B. 197 is the impact the tolling language has on both the employer’s and the employee’s right to appeal a decision of the Industrial Commission. Under the bill, either party can now extend their right of appeal from an Industrial Commission decision that would normally have expired between March 9 and July 30, 2020, until July 30, 2020. In other words, if the right of appeal from a decision of a District Hearing Officer would have expired on April 1, a party would have until July 30 to file that appeal. Again, this applies to both employers and employees.

Appeals into Court

Normally, either party has the right to appeal the denial or allowance of a claim into court by filing a notice of appeal within sixty days of receipt of the Industrial Commission’s final order. Under H.B. 197, if that appeal period would have expired between March 9, 2020 and July 30, 2020, the party will have until at least July 30, 2020 to file that appeal. Again, this applies to both the injured worker and employers. Also, the claimant’s obligation to file a complaint in support of their claim is tolled by the law. Normally a claimant would have to file a complaint within thirty days of the filing of the appeal.

While H.B. 197 was certainly intended to assist those who might be left with no legal remedy because of the COVID-19 crisis, it has also caused some confusion. As a result, there may be issues involved in pending claims and that will not be resolved until well after July 30, 2020. Of course, the parties may still adhere to the existing time limits that apply to each issue if they wish and can file the appropriate claim, motion or appeal.