Is BWC Subrogation Action to Recover Lawsuit Proceeds Subject to Two-Year or Six-Year Limitations Period?

When Benefits Claimant Receives Additional Settlement From Third Party

Ohio Bureau of Workers' Compensation v. Jeffrey McKinley et al., Case no. 2010-0720

7th District Court of Appeals (Columbiana County)

ISSUE: R.C. 4123.93 and 4123.931 give the Bureau of Workers' Compensation (BWC) a right to subrogation (reimbursement) of benefits the bureau has paid to an injured worker if the worker later recovers damages from a third party through a lawsuit based on the same injury. In this case, the Court is asked to determine whether the statute of limitations (time limit) within which BWC must file a subrogation suit under R.C. 4123.931(G) is the two-year limitations period within which the injured worker is required to file his tort claim against the third party, or instead is the six-year limitations period applicable to "a liability created by a statute."