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
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
In 2006 the Ohio legislature changed the law regarding allowances for pre-existing conditions that are aggravated by a work injury. Specifically, the legislature amended O.R.C. 4123.01 to require that in order to be compensable, the pre-existing condition must have been "substantially aggravated" by the work injury. A substantial aggravation must be documented by "objective diagnostic findings, objective … Continue reading Back to the baseline-terminating payments for a substantial aggravation
On October 11, 2017 State Representatives Bill Seitz and Larry Householder introduced a bill to the Ohio legislature that would prevent anyone not legally residing in the United States from receiving workers’ compensation benefits. H.B. 380 provides that an employer would be liable for damages suffered as the result of the injury only if an … Continue reading Bill To Bar Undocumented Workers From Receiving Workers’ Compensation Benefits Introduced In Ohio
Most people assume that any injury that occurs at work always results in a compensable workers’ compensation claim. While that’s true the overwhelming majority of the time, it isn’t always the case in Ohio. As Ohio’s Second Appellate District Court noted last week in White v. Buehrer, 2nd Dist. Montgomery No. 27295, 2017-Ohio-8254, one exception … Continue reading It Happened At Work…Why Isn’t It A Workers’ Compensation Claim?