Bureau of Workers’ Compensation v. Verlinger

The definition of “claimant” for purposes of Ohio Rev. Code 4123.931(G) is any party who is eligible to receive compensation, medical benefits, or death benefits from the Ohio Bureau of Workers’ Compensation. Further, a claimant becomes eligible at the time of the injury or death that occurred during the course of employment and remains eligible unless and until a determination that the claimant is not entitled to benefits has been made and has become final or, if no claim is filed, until the time allowed for filing a claim has elapsed.Loretta Verlinger, a benefits applicant, appealed the denial of her application to the Industrial Commission. During the pendency of the appeal, Verlinger settled claims with Metropolitan Property and Casualty Insurance Company and Foremost Property and Casualty Insurance Company. The Commission subsequently allowed Verlinger’s claim. The trial court granted summary judgment for Verlinger, concluding that she was not a claimant pursuant to section 4123.931. The Supreme Court vacated the judgment, holding (1) Verlinger was a claimant at the time she settled with the insurance companies; and (2) Metropolitan and Foremost were jointly and severally liable to the Ohio Bureau of Workers’ Compensation, a statutory subrogee, for the full amount of its subrogation interest. View "Bureau of Workers' Compensation v. Verlinger" on Justia Law