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

OHIO SUPREME COURT HOLDS THAT EMPLOYERS’ SUBROGATION INTEREST VESTS AT THE TIME OF THE INJURY

Last week, in Bur. Of Workers’ Comp. v. Verlinger, Slip Opinion No. 2018-Ohio-1481, the Supreme Court held that the BWC’s right of subrogation vests at the time of the injury or death that occurred during the course of employment. This decision is important because, before this decision, injured workers would assert that the employer/BWC’s subrogation … Continue reading OHIO SUPREME COURT HOLDS THAT EMPLOYERS’ SUBROGATION INTEREST VESTS AT THE TIME OF THE INJURY

MEDICARE SET-ASIDE FACTS AND FICTION-PART II

Here is the second part of my article for the Cleveland Metropolitan Bar Journal.  There are some resources at the end of the article that might be helpful if you need to contact CMS regarding any MSA issues or, as discussed in this part of the article, if you are dealing with any Medicaid lien … Continue reading MEDICARE SET-ASIDE FACTS AND FICTION-PART II

MEDICARE SET-ASIDE FACTS AND FICTION

With speaking at SIGO's education day, writing an article for the Cleveland Metropolitan Bar Association and getting ready for another CLE, I've been a little delinquent with the blog, so my apologies.   I've decided to use some of the material I put together for those events in the blog.  This is Part One of an article I'm … Continue reading MEDICARE SET-ASIDE FACTS AND FICTION

Dependency Issues? Not in this courtroom, says recent case

Last week, the 11th Appellate District ruled that a common pleas court does not have jurisdiction over an appeal from an Industrial Commission decision as to dependency status in a death claim. In the case, Centric v. Buehrer, 2018-Ohio-698, the Commission allowed death benefits to the decedent’s children, but denied benefits to his alleged common … Continue reading Dependency Issues? Not in this courtroom, says recent case