Pursuant to Ohio Administrative Code Section 4123-6-32, which became effective January 1, 2018, the BWC will not reimburse providers for lumbar fusion surgery unless the treating physician follows the BWC’s “best practices” for the procedure. In addition to the requirement that Injured Workers undergo at least 60 days of conservative care before having a lumbar … Continue reading How the Ohio BWC is Getting Tough on Opioid Pain Medications and Lumbar Fusion Surgery
A recent change to the Ohio Administrative Code (O.A.C.) clarifies the procedure by which employers may unilaterally terminate payment for ongoing prescriptions in claims. Specifically, O.A.C. Section 4123-6-21.1 provides that self-insured employers may terminate payment for prescription medications by: Notifying the worker, their representative, and the prescribing physician in writing that the employer will be obtaining a … Continue reading New Rules for Self-Insured Employers to Unilaterally Terminate Payment for Medications
The Ohio Supreme Court has made it increasingly difficult to terminate temporary total disability compensation based upon voluntary abandonment of employment. Case in point, the recent decision in State ex rel. Cordell v. Pallet Cos., Inc. In this post, I’m going to discuss how employers can still take advantage of the voluntary abandonment defense, and … Continue reading How to Make Your Voluntary Abandonment Argument Stick
I was just involved in a loss of use case that required me to brush up on my knowledge of the subject. In the interest of not re-inventing the wheel I’m sharing what I learned as this week’s blog post. Short version- In order to qualify for a loss of use, the amputation must be “near … Continue reading When is a partial loss not a partial loss?
As part of Ohio House Bill 207 , the Ohio Bureau of Workers' compensation will now credit the risk experience of state funded employers for claims arising out of motor vehicle accidents in which their employee was not found to be at fault. The provisions of HB 207 became effective for accidents occurring on or … Continue reading State-funded Ohio employers can get a workers’ compensation premium credit in motor vehicle accident cases
At a presentation I gave last week regarding Ohio House Bill 380 (which allows undocumented workers to pursue an intentional tort against their employer-see my post here) someone said to me, "Yeah, but there's really no intentional tort in Ohio now anyway". I must admit, I pretty much agreed. Then, this case, Seaton v. Willoughby, … Continue reading “Yes Virginia, there is an Intentional Tort”. A belated Christmas story.
First off, the credits. This one comes directly from Jon Hyman's Ohio Employer's Law Blog, from which I have learned a lot about Ohio employment law. It’s a great resource and you should check it out. And no, the name of this blog is NOT meant to confuse the two. All of the other good titles … Continue reading Is Body Odor Covered Under the ADA?
Admittedly there will be “2017 greatest hits” lists on subjects much more exciting than this, but this is a workers’ compensation blog after all. So (drumroll please) here are my “top 14” of 2017 Ohio workers’ compensation cases and legislation. Enacted Legislation House Bill 27, which became effective September 29, 2017, made several important substantive … Continue reading GREATEST HITS OF 2017- WORKERS’ COMPENSATION
House Bill 27, which became effective September 29, 2017, made several substantive changes to Ohio workers' compensation law, including: Reducing the statute of limitations for filing a claim to one year for claims involving injuries or deaths. The law does not change the statute of limitations for filing an occupational disease claim, which remains two … Continue reading Ohio House Bill 27
On December 11, 2017 the Center for Medicare and Medicaid Services (“CMS”) announced that it would begin referencing the CDC’s Table 1: Life Table for the total population: United States, 2014, for WCMSA life expectancy calculations. Any WCMSA proposals received on or after December 11, 2017, or reopened on or after that date, will be … Continue reading CMS Announces Updated Life Tables