It Happened At Work…Why Isn’t It a Workers’ Compensation Claim? Part II-Personal Errands

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

Why You Need To Settle Your Workers’ Compensation Claims Using More Than an SI-42

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

CMS Sues Yet Another Attorney for Failing to Reimburse Medicare

For many of you reading this the Center for Medicare/Medicaid Services (“CMS”) may sometimes feel like the bane of your existence. Gone are the good old days when you could settle the claim of an older worker secure in the knowledge that future medical payments for the injuries underlying the claim would be covered by … Continue reading CMS Sues Yet Another Attorney for Failing to Reimburse Medicare

How to get part of the employer’s trial expenses reimbursed by the Bureau of Workers’ Compensation

Pursuant to Ohio Revised Code Section 4123.512(D) employers are entitled to reimbursement for the stenographic costs of depositions taken of a physician which is introduced at trial. That pertinent part of that section reads: “The bureau of workers' compensation shall pay the cost of the stenographic deposition filed in court and of copies of the stenographic deposition … Continue reading How to get part of the employer’s trial expenses reimbursed by the Bureau of Workers’ Compensation

7 Things to Remember When Defending a VSSR in Ohio

Dealing with an alleged Violation of a Specific Safety Requirement ("VSSR") is, fortunately, not something employers have to deal with very often.  In fact, a client with whom I've worked for several years wasn't even aware of the issue until it recently came up.  In the event that you or your client is faced with this situation, … Continue reading 7 Things to Remember When Defending a VSSR in Ohio

THE OHIO SUPREME COURT’S NEW CONTINUING JURISDICTION CASE MADE EXCITING…..WELL, MAYBE

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

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

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