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

2 ways to make sure your light-duty job offer passes muster at the Industrial Commission

One of the bases for terminating ongoing temporary total disability compensation set out in R.C. §4123.56 is: “when work within the physical capabilities of the employee is made available by the employer or another employer.” However, the Ohio Supreme Court, 10th Appellate District and the Industrial Commission are very strict about how this job offer … Continue reading 2 ways to make sure your light-duty job offer passes muster at the Industrial Commission

When is a partial loss not a partial loss?

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?

How the Ohio BWC is Getting Tough on Opioid Pain Medications and Lumbar Fusion Surgery

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

Tough Legal Questions For Employers Regarding Post-Accident Drug Testing

Ohio lawmakers remain on track for making medical marijuana available by September of 2018. Employers are now faced with new challenges surrounding post-accident drug testing. Very recently, the Occupational Safety and Health Administration (“OSHA”) suggested that, in some circumstances, it considers post-accident drug testing a violation of OSHA regulations. The Ohio Supreme Court just issued … Continue reading Tough Legal Questions For Employers Regarding Post-Accident Drug Testing