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

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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

Ohio House passes legislation barring undocumented workers from receiving benefits. How has this played out in other states?

On Tuesday the Ohio House voted 62-30 in favor of legislation that would block undocumented workers injured on the job from collecting workers' compensation benefits.  The bill now moves to the Ohio Senate.  A link to the full text of the House Version of the Bill from the Ohio Legislature's website can be found here. The … Continue reading Ohio House passes legislation barring undocumented workers from receiving benefits. How has this played out in other states?

Back to the baseline-terminating payments for a substantial aggravation

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

I Can Get Permanent Partial And Permanent Total Disability In The Same Claim Can’t I? The Ohio Supreme Court Emphatically Says No

In State ex rel. Ohio Presbyterian Retirement Services v. Indus. Comm. the Ohio Supreme Court addressed injured workers' ability to receive permanent partial disability ("PPD") compensation in workers' compensation claims for which they had already been awarded permanent total disability ("PTD"). When the case was initially addressed by the Court, it determined that when an injured worker … Continue reading I Can Get Permanent Partial And Permanent Total Disability In The Same Claim Can’t I? The Ohio Supreme Court Emphatically Says No