Ohio Rev. Code » Chapter 4123
Ohio Revised Code

Ohio Rev. Code § 4123.84 (2026)

Claims for injury or death barred after one year - exceptions

✓ current as of May 2026
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Effective:
March 20, 2025
Latest Legislation:
Senate Bill 196 - 135th General Assembly
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(A) In all cases of injury or death, claims for compensation or benefits for the specific part or parts of the body injured shall be forever barred unless, within one year after the injury or death:

(1) Written or facsimile notice of the specific part or parts of the body claimed to have been injured has been made to the industrial commission or the bureau of workers' compensation;

(2) The employer, with knowledge of a claimed compensable injury or occupational disease, has paid wages in lieu of compensation for total disability;

(3) In the event the employer is a self-insuring employer, one of the following has occurred:

(a) Written or facsimile notice of the specific part or parts of the body claimed to have been injured has been given to the commission or bureau or the employer has furnished treatment by a licensed physician, certified nurse-midwife, clinical nurse specialist, or certified nurse practitioner in the employ of an employer, provided, however, that the furnishing of such treatment shall not constitute a recognition of a claim as compensable, but shall do no more than satisfy the requirements of this section;

(b) Compensation or benefits have been paid or furnished equal to or greater than is provided for in sections 4123.52, 4123.55 to 4123.62, and 4123.64 to 4123.67 of the Revised Code.

(4) Written or facsimile notice of death has been given to the commission or bureau.

(B) The bureau shall provide printed notices quoting in full division (A) of this section, and every self-insuring employer shall post and maintain at all times one or more of the notices in conspicuous places in the workshop or places of employment.

(C) The commission has continuing jurisdiction as set forth in section 4123.52 of the Revised Code over a claim which meets the requirement of this section, including jurisdiction to award compensation or benefits for loss or impairment of bodily functions developing in a part or parts of the body not specified pursuant to division (A)(1) of this section, if the commission finds that the loss or impairment of bodily functions was due to and a result of or a residual of the injury to one of the parts of the body set forth in the written notice filed pursuant to division (A)(1) of this section.

(D) Any claim pending before the administrator, the commission, or a court on December 11, 1967, in which the remedy is affected by this section is governed by this section.

(E) Notwithstanding the requirement that the notice required to be given to the bureau, commission, or employer under this section is to be in writing or facsimile, the bureau may accept, assign a claim number, and process a claim when notice is provided verbally over the telephone. Immediately upon receipt of notice provided verbally over the telephone, the bureau shall send a written or facsimile notice to the employer of the bureau's receipt of the verbal notice. Within fifteen days after receipt of the bureau's written or facsimile notice, the employer may in writing or facsimile either verify or not verify the verbal notice. If the bureau does not receive the written or facsimile notification from the employer or receives a written or facsimile notification verifying the verbal notice within such time period, the claim is validly filed and such verbal notice tolls the statute of limitations in regard to the claim filed and is considered to meet the requirements of written or facsimile notice required by this section.

(F) As used in division (A)(3)(b) of this section, "benefits" means payments by a self-insuring employer to, or on behalf of, an employee for any of the following: a hospital bill; a medical bill to a licensed physician, certified nurse-midwife, clinical nurse specialist, certified nurse practitioner, or hospital; or an orthopedic or prosthetic device.

Last updated February 18, 2025 at 6:11 PM

Notes of Decisions
Cited in 104 cases (7 in the last 5 years), 1955–2026 · leading case: Lewis v. Trimble, 680 N.E.2d 1207 (Ohio 1997).
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Lewis v. Trimble, 680 N.E.2d 1207 (Ohio 1997). · cites it 63× “The first issue involves the application and requirements of R.C. 4123.84 with regard to “flow-through” or residual medical conditions.”
Clementi v. Wean United, Inc., 530 N.E.2d 909 (Ohio 1988). · cites it 36× “R.C. 4123.84 provides in pertinent part: “(A) In all cases of injury or death, claims for compensation or benefits for the specific part or parts of the body injured shall be forever barred unless, within two years after the injury or death: “(1) Written notice of the specific…”
Specht v. BP Am., Inc., 711 N.E.2d 225 (Ohio 1999). · cites it 22× “Formerly, the commission determined a residual-condition claimant’s right to participate pursuant to the commission’s continuing jurisdiction under R.”
Wargetz v. Villa Sancta Anna Home for the Aged, 462 N.E.2d 1215 (Ohio 1984). · cites it 13× “The issue presented in this appeal is whether the distinction made in R.C. 4123.84 between state fund insured employers and self-insured employers under the workers’ compensation laws of Ohio with regard to the tolling of the statute of limitations violates the Constitution of…”
Gregory v. Flowers, 290 N.E.2d 181 (Ohio 1972). · cites it 10× “an application for modification of that award more than two years after the original injury occurred in order to secure compensation for a subsequently developing disability directly caused by an injury sustained in the original accident but not described in the original…”
Dent v. AT&T Tech., Inc., 527 N.E.2d 821 (Ohio 1988). · cites it 8× “The sole issue before this court is whether appellee’s request for recognition of additional conditions (chondromalacia of the patella and arthritic changes of the left knee) is barred by the two-year statute of limitations of R.C. 4123.84. Appellant argues that the additional…”
Dombelek v. Ohio Bureau of Workers' Comp., 797 N.E.2d 144 (Ohio Ct. App. 2003). · cites it 6× “{¶ 42} Lems was interpreting the statute of limitations for bodily injury claims (as opposed to occupational disease claims) governed by R.C. 4123.84. The Lewis court explained that a literal interpretation of R.”
State ex rel. Kroger Co. v. Stover, 510 N.E.2d 356 (Ohio 1987). · cites it 6× “58, respectively, or has received wages in lieu of compensation pursuant to R.C. 4123.84, then the commission may consider an application for additional compensation as long as the application is submitted within ten years of the last payment of such compensation.”
Mewhorter v. Ex-Cell-O Corp., 490 N.E.2d 610 (Ohio 1986). · cites it 9× “R.C. 4123.84 states, in pertinent part, “(A) In all cases of injury or death, claims for compensation for the specific part or parts of the body injured shall be forever barred unless within two years after the injury or death: “(1) Written notice of the specific part or parts…”
Garrett v. Jeep Corp., 602 N.E.2d 691 (Ohio Ct. App. 1991). · cites it 9× “As to appellee’s contention that R.C. 4123.84 precludes a finding that a self-insured employer has recognized a condition not previously recognized in the claim by paying compensation and benefits and filing a C-174 noting such condition as allowed, R.”
Bush v. Mayfield, 508 N.E.2d 181 (Ohio Ct. App. 1986). · cites it 14× “The Industrial Commission denied the application for the reason that it was barred by application of R.C. 4123.84. Plaintiff appealed, pursuant to R.”
State ex rel. Miller v. Indus. Comm'n, 643 N.E.2d 113 (Ohio 1994). · cites it 4× “) The reference to “specific part or parts of the body” is prominent in R.C. 4123.84. The statute is concerned primarily with compensation for a specific body part hurt, not with compensing for the nature of injury — for example, sprain or fracture — related thereto.”
Show all 104 citing cases →
— Ohio Rev. Code § 4123.84(2)(a) — 1 case
Bush v. Mayfield, 508 N.E.2d 181 (Ohio Ct. App. 1986). “The Industrial Commission denied the application for the reason that it was barred by application of R.C. 4123.84. Plaintiff appealed, pursuant to R.”
— Ohio Rev. Code § 4123.84(A) — 21 cases
Specht v. BP Am., Inc., 711 N.E.2d 225 (Ohio 1999). “Formerly, the commission determined a residual-condition claimant’s right to participate pursuant to the commission’s continuing jurisdiction under R.”
State ex rel. Miller v. Indus. Comm'n, 643 N.E.2d 113 (Ohio 1994). “) The reference to “specific part or parts of the body” is prominent in R.C. 4123.84. The statute is concerned primarily with compensation for a specific body part hurt, not with compensing for the nature of injury — for example, sprain or fracture — related thereto.”
Lewis v. Trimble, 680 N.E.2d 1207 (Ohio 1997). “The first issue involves the application and requirements of R.C. 4123.84 with regard to “flow-through” or residual medical conditions.”
Clementi v. Wean United, Inc., 530 N.E.2d 909 (Ohio 1988). “R.C. 4123.84 provides in pertinent part: “(A) In all cases of injury or death, claims for compensation or benefits for the specific part or parts of the body injured shall be forever barred unless, within two years after the injury or death: “(1) Written notice of the specific…”
McKenney v. Hillside Dairy Co., 671 N.E.2d 1291 (Ohio Ct. App. 1996).
— Ohio Rev. Code § 4123.84(A)(1) — 18 cases
Lewis v. Trimble, 680 N.E.2d 1207 (Ohio 1997). “The first issue involves the application and requirements of R.C. 4123.84 with regard to “flow-through” or residual medical conditions.”
Clementi v. Wean United, Inc., 530 N.E.2d 909 (Ohio 1988). “R.C. 4123.84 provides in pertinent part: “(A) In all cases of injury or death, claims for compensation or benefits for the specific part or parts of the body injured shall be forever barred unless, within two years after the injury or death: “(1) Written notice of the specific…”
Click v. S. Ohio Corr. Facility, 789 N.E.2d 643 (Ohio Ct. App. 2003).
Forster v. Ohio Bureau of Workers' Comp., 658 N.E.2d 7 (Ohio Ct. App. 1995).
Dent v. AT&T Tech., Inc., 527 N.E.2d 821 (Ohio 1988). “The sole issue before this court is whether appellee’s request for recognition of additional conditions (chondromalacia of the patella and arthritic changes of the left knee) is barred by the two-year statute of limitations of R.C. 4123.84. Appellant argues that the additional…”
— Ohio Rev. Code § 4123.84(A)(2) — 2 cases
Lewis v. Trimble, 680 N.E.2d 1207 (Ohio 1997). “The first issue involves the application and requirements of R.C. 4123.84 with regard to “flow-through” or residual medical conditions.”
Johnson v. Univ. of Cincinnati, 587 N.E.2d 469 (Ohio Ct. App. 1991).
— Ohio Rev. Code § 4123.84(A)(2)(b) — 3 cases
Wargetz v. Villa Sancta Anna Home for the Aged, 462 N.E.2d 1215 (Ohio 1984). “The issue presented in this appeal is whether the distinction made in R.C. 4123.84 between state fund insured employers and self-insured employers under the workers’ compensation laws of Ohio with regard to the tolling of the statute of limitations violates the Constitution of…”
Bush v. Mayfield, 508 N.E.2d 181 (Ohio Ct. App. 1986). “The Industrial Commission denied the application for the reason that it was barred by application of R.C. 4123.84. Plaintiff appealed, pursuant to R.”
Francis v. Chrysler Corp., 348 N.E.2d 362 (Ohio Ct. App. 1975).
— Ohio Rev. Code § 4123.84(A)(3) — 2 cases
Johnson v. Univ. of Cincinnati, 587 N.E.2d 469 (Ohio Ct. App. 1991).
Greco v. Cleveland Browns Football Co., L.L.C., 2020 Ohio 4745 (Ohio Ct. App. 2020).
— Ohio Rev. Code § 4123.84(A)(3)(a) — 6 cases
Garrett v. Jeep Corp., 602 N.E.2d 691 (Ohio Ct. App. 1991). “As to appellee’s contention that R.C. 4123.84 precludes a finding that a self-insured employer has recognized a condition not previously recognized in the claim by paying compensation and benefits and filing a C-174 noting such condition as allowed, R.”
Jones v. Trimble, 655 N.E.2d 278 (Ohio Ct. App. 1995).
Simoudis v. Ford Motor Co., 757 N.E.2d 797 (Ohio Ct. App. 2001).
Greco v. Cleveland Browns Football Co., L.L.C., 2020 Ohio 4745 (Ohio Ct. App. 2020).
Brady v. York Int'l Borg Warner, 577 N.E.2d 435 (Ohio Ct. App. 1989).
— Ohio Rev. Code § 4123.84(A)(3)(b) — 8 cases
Green v. B.F. Goodrich Co., 619 N.E.2d 497 (Ohio Ct. App. 1993).
Simoudis v. Ford Motor Co., 757 N.E.2d 797 (Ohio Ct. App. 2001).
Jones v. Trimble, 655 N.E.2d 278 (Ohio Ct. App. 1995).
Johnson v. Univ. of Cincinnati, 587 N.E.2d 469 (Ohio Ct. App. 1991).
Brady v. York Int'l Borg Warner, 577 N.E.2d 435 (Ohio Ct. App. 1989).
— Ohio Rev. Code § 4123.84(B) — 5 cases
State ex rel. Meridia Hillcrest Hosp. v. Indus. Comm'n, 656 N.E.2d 336 (Ohio 1995).
Dent v. AT&T Tech., Inc., 527 N.E.2d 821 (Ohio 1988). “The sole issue before this court is whether appellee’s request for recognition of additional conditions (chondromalacia of the patella and arthritic changes of the left knee) is barred by the two-year statute of limitations of R.C. 4123.84. Appellant argues that the additional…”
Bush v. Mayfield, 508 N.E.2d 181 (Ohio Ct. App. 1986). “The Industrial Commission denied the application for the reason that it was barred by application of R.C. 4123.84. Plaintiff appealed, pursuant to R.”
Mikoch v. Sherwin-Williams Co., 544 N.E.2d 698 (Ohio Ct. App. 1988).
State ex rel. Meridia Hillcrest Hosp. v. Indus. Comm., 1995 Ohio 297 (Ohio 1995).
— Ohio Rev. Code § 4123.84(B)(2) — 1 case
Francis v. Chrysler Corp., 348 N.E.2d 362 (Ohio Ct. App. 1975).
— Ohio Rev. Code § 4123.84(B)(3) — 1 case
McBride v. Coble Express, Inc., 636 N.E.2d 356 (Ohio Ct. App. 1993).
— Ohio Rev. Code § 4123.84(C) — 6 cases
Shields v. Bur. of Workers' Comp., 2023 Ohio 1368 (Ohio Ct. App. 2023).
Iiams v. Corp. Support, Inc., 648 N.E.2d 902 (Ohio Ct. App. 1994).
Kenyon v. Scott Fetzer Co., 680 N.E.2d 1034 (Ohio Ct. App. 1996).
Toth v. United States Steel Corp., 2012 Ohio 1390 (Ohio Ct. App. 2012).
Manning v. FCA US, L.L.C., 2020 Ohio 706 (Ohio Ct. App. 2020).
— Ohio Rev. Code § 4123.84(D) — 1 case
Lewis v. Trimble, 680 N.E.2d 1207 (Ohio 1997). “The first issue involves the application and requirements of R.C. 4123.84 with regard to “flow-through” or residual medical conditions.”
— Ohio Rev. Code § 4123.84(F) — 1 case
Employers Reinsurance Corp. v. Worthington Custom Plastics, Inc., 672 N.E.2d 734 (Ohio Ct. App. 1996).
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