Ohio 8th District Court of Appeals Affirms Trial Court Ruling that Non-Economic Damages Cap on Catastrophic Injuries Is Unconstitutional as Applied

On January 30, 2025, the Ohio 8th District Court of Appeals held that Ohio’s medical malpractice non-economic damages cap is unconstitutional as applied to the plaintiff-appellee who permanently lost his eye as the result of an infection he contra [1] A party may challenge the constitutionality of a statute in two ways: facially or as applied. A facial challenge applies to every conceivable circumstance in which the statute would be valid. Legal Updates for Health Care Liability – February 25, 2025

Where a claimant seeks to add a distinct, consequential injury to Notice of Compensation Payable and to reinstate indemnity payments, petitions must be filed within three years of date of most recent compensation payment per Section 413(a).

The claimant sustained a work injury to his neck in 2013. After he returned to work in January 2014, his benefits were suspended. Later, in 2021, he underwent cervical surgery.  What’s Hot in Workers’ Comp, Vol. 29, No.