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

CMS Allows Insurers A Second Chance With Their Medicare Set Aside Submissions

On July 10, 2017 The Centers for Medicare and Medicaid Services ("CMS") published a new Workers’ Compensation Medicare-Set Aside Portal ("WCMSAP") User Guide and updated its policy regarding reconsideration of unfavorable Medicare Set-Aside ("MSA") determinations. Previously CMS allowed for a very limited re-review process, reserved for situations where either: 1) CMS’ determination contained an obvious mistake, such … Continue reading CMS Allows Insurers A Second Chance With Their Medicare Set Aside Submissions

Can You Still Schedule That Permanent Partial Disability Exam You’ve Been Putting Off?

A client recently approached us after they weren't able to get a Permanent Partial Disability ("PPD") examination scheduled until after the first level (District Hearing Officer "DHO") hearing.  My first instinct was that they were out of luck.  After looking into the matter further however, that wasn't necessarily the case.  The rules in Ohio regarding PPD … Continue reading Can You Still Schedule That Permanent Partial Disability Exam You’ve Been Putting Off?

Poll Released On Providing Workers’ Compensation To Undocumented Workers

I previously posted about Ohio House Bill 380, which was introduced in the Ohio Legislature in October of this year.  The bill would prevent anyone not legally residing in the United States from receiving workers’ compensation benefits.   Similar language was included in the workers’ compensation bill signed by Governor Kasich on June 30, 2017 but was removed … Continue reading Poll Released On Providing Workers’ Compensation To Undocumented Workers

Ohio Supreme Court Holds That Workers Cannot Voluntarily Dismiss Employers’ Court Appeals

On September 28, 2017 the Ohio Supreme Court released its decision in Ferguson v. State, Slip Opinion No. 2017-Ohio-7844.  The Court rejected a lower court decision which held that the “consent provision” of R.C. § 4123.512(D), which requires employers to consent to workers’ voluntary dismissal of employer court appeals, was unconstitutional. Under Ohio law, both … Continue reading Ohio Supreme Court Holds That Workers Cannot Voluntarily Dismiss Employers’ Court Appeals

Is Ohio Testing The Waters Of Private Workers’ Compensation Insurance?

Ohio House Bill 268, introduced June 12, 2017, proposes allowing self-insured employers to contract with private insurers to indemnify them against their workers’ compensation liability. The legislation also eliminates prohibitions currently in place against insurance companies representing employers in the settlement, adjudication, or payment of claims.  Lastly, the legislation proposes establishing an additional self-insured employers’ … Continue reading Is Ohio Testing The Waters Of Private Workers’ Compensation Insurance?