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    BWC: Big win for Ohio employers in the Supreme Court!

    Today, the Ohio Supreme Court issued its decision in the Ferguson v. State of Ohio case,  ruling in favor of Ohio’s employers. The Court specifically held that the consent provision within R.C § 4123.512(D), enacted by the legislature in 2006, allowing an employee to dismiss an employer-initiated appeal only with the consent of the employer, is constitutional. 

    The Court’s decision reversed an Eighth District Court of Appeals decision that the consent provision violated the separation-of-powers doctrine in the Ohio Constitution, the Equal Protection Clauses of the Ohio and federal constitutions, and the Due Course of Law and Due Process Clauses of the Ohio and federal constitutions. 

    This is a BIG win for Ohio’s employers which can now move forward with confidence that their appeal of a workers’ compensation claim into the court of common pleas will not be unreasonably delayed by the claimant.  

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