“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.

Is Body Odor Covered Under the ADA?

First off, the credits.  This one comes directly from Jon Hyman's Ohio Employer's Law Blog, from which I have learned a lot about Ohio employment law.  It’s a great resource and you should check it out.  And no, the name of this blog is NOT meant to confuse the two.  All of the other good titles … Continue reading Is Body Odor Covered Under the ADA?

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?

FMLA employer incentives included in Senate tax bill

The Senate's new tax reform plan includes incentives for employers who offer paid leave to their employees.  The provisions are similar those set forth in U.S. Senator Deb Fischer’s paid leave proposal, The Strong Families Act.  As described in a post on Senator Fisher's website, the provisions would provide employers with a tax credit of up to 25% of the … Continue reading FMLA employer incentives included in Senate tax bill

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

Dealing With Medicare And Medicaid Liens When Settling A Workers’ Compensation Claim

Most people in the workers' compensation business are now well aware of the need to consider Medicare's interests when settling any workers' compensation claim.  One thing that often goes unnoticed however, is the fact that Medicaid may also have an interest in a workers' compensation settlement.  This is a brief overview of both programs, with … Continue reading Dealing With Medicare And Medicaid Liens When Settling A Workers’ Compensation Claim