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

7 Things to Remember When Defending a VSSR in Ohio

Dealing with an alleged Violation of a Specific Safety Requirement ("VSSR") is, fortunately, not something employers have to deal with very often.  In fact, a client with whom I've worked for several years wasn't even aware of the issue until it recently came up.  In the event that you or your client is faced with this situation, … Continue reading 7 Things to Remember When Defending a VSSR in Ohio

THE OHIO SUPREME COURT’S NEW CONTINUING JURISDICTION CASE MADE EXCITING…..WELL, MAYBE

First off, if you actually clicked in to read this article, congratulations! You must be a dedicated workers’ compensation superstar.  When the Supreme Court issued its decision last week in State ex rel. Witt v. Indus. Comm., my first thought was “who in the heck would want to read about that?”. With that said, the … Continue reading THE OHIO SUPREME COURT’S NEW CONTINUING JURISDICTION CASE MADE EXCITING…..WELL, MAYBE

Don’t Forget About “Regarded as Disabled” when doing your ADA Analysis

A lawsuit just filed by the EEOC demonstrates the importance of remembering that just because an individual does not have an impairment that limits a major life activity does not mean that they cannot establish a claim under the Americans with Disabilities Act (ADA). In order to establish a claim under the ADA, a plaintiff … Continue reading Don’t Forget About “Regarded as Disabled” when doing your ADA Analysis

Ohio Bureau of Workers’ Compensation Proposes $1.5 Billion Rebate

At a press conference with Ohio Governor John Kasich on Tuesday, BWC Administrator Sarah Morrison announced that the Bureau is recommending $1.5 billion in rebates to Ohio employers. If the rebates are approved, rebate checks amounting to 85% of premiums paid for the policy year ending June 30, 2017 will be mailed to employers this … Continue reading Ohio Bureau of Workers’ Compensation Proposes $1.5 Billion Rebate