Under Ohio law, injuries sustained as the result of drug or alcohol use are not covered under the workers’ compensation system. The Ohio legislature also provided a very specific set of circumstances in which it is presumed that a workplace accident was the result of alcohol or drug use. Unfortunately, the Code section itself, Ohio … Continue reading What You Need to Know about Drug Testing in Workers’ Compensation Claims
According to a study just published by the National Academy of Social Insurance, when compared to the rest of the country, indemnity compensation makes up a much greater proportion of Ohio workers’ compensation claims in relationship to medical benefits paid. In 2016, Ohio cash benefits accounted for 61 percent of workers’ compensation benefits paid, while … Continue reading Why Are Ohio Employers Paying A Greater Share Of Indemnity Compensation Than The Rest Of The County?
Everyone who helps employers manage their workers’ compensation claims is aware of the importance of an independent medical examination (“IME”). Before I get to the 7 things you should make sure the examining physician addresses, let’s think about what you should be looking for from an IME. First and foremost, you should be looking for … Continue reading 7 Things You Should Ask at Your Independent Medical Examination
This post has nothing to do with workers’ compensation. It has to do with FMLA leave, which is another hat some readers of this blog wear as well. I’m sure you’ve all heard over and over again about the “Bermuda Triangle” of Workers’ Comp/ADA/FMLA so I won’t belabor that point. Suffice it to say that … Continue reading Organ Donors Qualify for Leave under the FMLA
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……?????
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
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
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
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
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