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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

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

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The Ohio Workers First Act-PowerPoint Presentation

This post is the long version of the PowerPoint presentation regarding the Ohio Workers First Act I gave at the CMBA Workers' Compensation Section meeting in January.  I'm posting it in particular for those who are going to see the shortened version of the presentation at the SIGO Education Day on March 16th, and are looking for some more information regarding the … Continue reading The Ohio Workers First Act-PowerPoint Presentation

How to Make Your Voluntary Abandonment Argument Stick

The Ohio Supreme Court has made it increasingly difficult to terminate temporary total disability compensation based upon voluntary abandonment of employment. Case in point, the recent decision in State ex rel. Cordell v. Pallet Cos., Inc.  In this post, I’m going to discuss how employers can still take advantage of the voluntary abandonment defense, and … Continue reading How to Make Your Voluntary Abandonment Argument Stick

New Rules for Self-Insured Employers to Unilaterally Terminate Payment for Medications

A recent change to the Ohio Administrative Code (O.A.C.) clarifies the procedure by which employers may unilaterally terminate payment for ongoing prescriptions in claims. Specifically, O.A.C. Section 4123-6-21.1 provides that self-insured employers may terminate payment for prescription medications by: Notifying the worker, their representative, and the prescribing physician in writing that the employer will be obtaining a … Continue reading New Rules for Self-Insured Employers to Unilaterally Terminate Payment for Medications

State-funded Ohio employers can get a workers’ compensation premium credit in motor vehicle accident cases

As part of Ohio House Bill 207 , the Ohio Bureau of Workers' compensation will now credit the risk experience of state funded employers for claims arising out of motor vehicle accidents in which their employee was not found to be at fault.  The provisions of HB 207 became effective for accidents occurring on or … Continue reading State-funded Ohio employers can get a workers’ compensation premium credit in motor vehicle accident cases

“Yes Virginia, there is an Intentional Tort”. A belated Christmas story.

At a presentation I gave last week regarding Ohio House Bill 380 (which allows undocumented workers to pursue an intentional tort against their employer-see my post here) someone said to me, "Yeah, but there's really no intentional tort in Ohio now anyway".  I must admit, I pretty much agreed. Then, this case, Seaton v. Willoughby, … Continue reading “Yes Virginia, there is an Intentional Tort”. A belated Christmas story.

GREATEST HITS OF 2017- WORKERS’ COMPENSATION

Admittedly there will be “2017 greatest hits” lists on subjects much more exciting than this, but this is a workers’ compensation blog after all. So (drumroll please) here are my “top 14” of 2017 Ohio workers’ compensation cases and legislation. Enacted Legislation House Bill 27, which became effective September 29, 2017, made several important substantive … Continue reading GREATEST HITS OF 2017- WORKERS’ COMPENSATION

Ohio House Bill 27

House Bill 27, which became effective September 29, 2017, made several substantive changes to Ohio workers' compensation law, including: Reducing the statute of limitations for filing a claim to one year for claims involving injuries or deaths. The law does not change the statute of limitations for filing an occupational disease claim, which remains two … Continue reading Ohio House Bill 27

CMS Announces Updated Life Tables

On December 11, 2017 the Center for Medicare and Medicaid Services (“CMS”) announced that it would begin referencing the CDC’s Table 1: Life Table for the total population: United States, 2014, for WCMSA life expectancy calculations. Any WCMSA proposals received on or after December 11, 2017, or reopened on or after that date, will be … Continue reading CMS Announces Updated Life Tables