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
Having been recently reminded that sometimes this blog is a bit too “lawyerly” (read boring??), I am going to try and make this case update as exciting as possible. In this case, it will be relatively easy. For starters, the Ohio Supreme Court just reversed itself. More importantly, for those of us who represent employers, … Continue reading “If you quit your job, you can forget about Temporary Total Disability Compensation no matter what” says the Ohio Supreme Court
On September 10, 2018 the Ohio BWC issued a press release announcing a new pilot program. The BWC's Opioid Workplace Safety Program will provide up to $5 million over two years to help employers in Montgomery, Ross and Scioto counties hire, manage and retrain workers in recovery. The pilot program's launch is scheduled for October 15, 2018. … Continue reading Why is the Ohio BWC Paying Employers to Hire Workers with a History of Opioid Abuse?
A recent case out of the 10th Appellate District addressed an issue I've raised many times at hearing, whether a claim can be allowed for "radiculitis". My argument, which has generally been successful, is that a claim cannot be allowed for radiculitis because radiculitis is a symptom of an underlying condition. However, the 10th Appellate … Continue reading Is it a Symptom or a Condition, and Does it Matter?
First off, that title might be a bit misleading. I’m just trying to liven up an extremely dry subject area, so cut me some slack please. Not all nurses can certify temporary total disability compensation. However, according to Industrial Commission Policy Memo D8, updated effective July 30, 2018, during the first six weeks following an … Continue reading How Can Nurses Certify Temporary Total Disability Compensation????
That’s a simple question, isn’t it? Well, not necessarily. On first blush, the answer seems obvious: zero, right? I mean, if you are really permanently incapable of any sustained remunerative employment, then it stands to reason that you cannot work for any part of the day. As a decision issued last week indicates however, the … Continue reading Case Update-How Many Hours Can You Work and Still Be Permanently and Totally Disabled?
Ok, I’ll admit, that by-line sounds kind of dumb. Of course it is, certainly to the employee who has been terminated. However, a recent case made me think about whether the specter of a retaliatory discharge action should keep my clients from terminating (or taking other disciplinary action against) an employee who should legitimately be … Continue reading Retaliatory Discharge-Is It Really a Big Deal?
A while ago, I wrote a post about an "idiopathic fall", one of several ways an injury that occurred at work could still not be compensable under Ohio's workers’ compensation system. This post is about what Ohio courts define as a "personal errand", another way a claim that arguably occurred "at work" could not be … Continue reading It Happened At Work…Why Isn’t It a Workers’ Compensation Claim? Part II-Personal Errands
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