Three Examples of How Employer-Sponsored Medical Examinations Can Get You in Trouble

Following time off to recover from a work-related injury (or from a non-work related medical condition) many employers require a fitness for duty examination before allowing employees to return to their former positions of employment. There are many good reasons for having such a policy. However, as we’ve discussed before, employers need to be mindful … Continue reading Three Examples of How Employer-Sponsored Medical Examinations Can Get You in Trouble

It Happened At Work…Why Isn’t It a Workers’ Compensation Claim? Part II-Personal Errands

A while ago, I wrote a post about an "idiopathic fall", one of several ways an injury that occurred at work could still not be compensable under Ohio's workers’ compensation system.  This post is about what Ohio courts define as a "personal errand", another way a claim that arguably occurred "at work" could not be … Continue reading It Happened At Work…Why Isn’t It a Workers’ Compensation Claim? Part II-Personal Errands

Ohio BWC Proposes 12% Rate Reduction for Public Employers

Last Thursday, the Ohio BWC recommended a 12% reduction in next year's rates for Ohio's school districts, cities and other local-government employers.  This follows the BWC's decision to issue another $1.5 billion in rebates to all employers, public and private.  Those rebate checks have been going out this summer. The BWC attributes the new rate … Continue reading Ohio BWC Proposes 12% Rate Reduction for Public Employers

Why You Need To Settle Your Workers’ Compensation Claims Using More Than an SI-42

First, a disclaimer.  The first case I'm about to discuss is from California.  Fortunately (from a defense attorney's perspective at least) I don't practice in California.  I get the impression that a California employee can have a cause of action (and apparently even a workers' compensation claim) for their boss looking at them the wrong way. However, when … Continue reading Why You Need To Settle Your Workers’ Compensation Claims Using More Than an SI-42

CMS Sues Yet Another Attorney for Failing to Reimburse Medicare

For many of you reading this the Center for Medicare/Medicaid Services (“CMS”) may sometimes feel like the bane of your existence. Gone are the good old days when you could settle the claim of an older worker secure in the knowledge that future medical payments for the injuries underlying the claim would be covered by … Continue reading CMS Sues Yet Another Attorney for Failing to Reimburse Medicare

How to get part of the employer’s trial expenses reimbursed by the Bureau of Workers’ Compensation

Pursuant to Ohio Revised Code Section 4123.512(D) employers are entitled to reimbursement for the stenographic costs of depositions taken of a physician which is introduced at trial. That pertinent part of that section reads: “The bureau of workers' compensation shall pay the cost of the stenographic deposition filed in court and of copies of the stenographic deposition … Continue reading How to get part of the employer’s trial expenses reimbursed by the Bureau of Workers’ Compensation

YOU DECIDED NOT TO FIRE THAT EMPLOYEE WHO WAS OFF ON FMLA LEAVE. NOW THEY WANT MORE TIME OFF……?????

The other week I discussed a case in which an employee who was certified for FMLA leave by their physician was terminated for not properly notifying their employer of their leave status. The employee brought an action against their employer for FMLA interference and ERISA violations.  The Court granted summary judgment for the employer on the … Continue reading YOU DECIDED NOT TO FIRE THAT EMPLOYEE WHO WAS OFF ON FMLA LEAVE. NOW THEY WANT MORE TIME OFF……?????

3.5 Million Reasons to Reconsider Your “100 Percent Healed” Return to Work Policy

Many employers continue maintain a policy that employees who have been off due to a disability need to be completely healed before returning to work. Obviously, in my role as a workers’ compensation attorney, I’m not a fan of these policies.  The Equal Employment Opportunity Commission (“EEOC”) just gave employers 3.5 million more reasons why … Continue reading 3.5 Million Reasons to Reconsider Your “100 Percent Healed” Return to Work Policy

You can terminate that employee who is off for a work injury…….but, based on this new 6th Circuit Court case, don’t forget that there are implications outside of workers’ compensation/FMLA/ADA issues

In Stein v. Atlas Industries, 2018 WL 1719097 (6th Cir. April 9, 2018) the 6th District considered an FMLA/ERISA action brought by an employee who was terminated after failing to show up for work after the physician treating him for a work-related injury released him to light-duty. Stein tore his meniscus at work. After recovering … Continue reading You can terminate that employee who is off for a work injury…….but, based on this new 6th Circuit Court case, don’t forget that there are implications outside of workers’ compensation/FMLA/ADA issues

Ohio murder suspect defrauds state work comp bureau

Since it's a sunny Friday afternoon, and I just can't bring myself to dig into the Supreme Court's TTD decision issued last month, I'm putting together this brief post, taken from the BWC's Special Investigation Unit's Blog. According to the BWC, one month after his alleged role in murdering his girlfriend’s other lover in February 2017, the … Continue reading Ohio murder suspect defrauds state work comp bureau