Everyone who helps employers manage their workers’ compensation claims is aware of the importance of an independent medical examination (“IME”). Before I get to the 7 things you should make sure the examining physician addresses, let’s think about what you should be looking for from an IME. First and foremost, you should be looking for … Continue reading 7 Things You Should Ask at Your Independent Medical Examination
Having been recently reminded that sometimes this blog is a bit too “lawyerly” (read boring??), I am going to try and make this case update as exciting as possible. In this case, it will be relatively easy. For starters, the Ohio Supreme Court just reversed itself. More importantly, for those of us who represent employers, … Continue reading “If you quit your job, you can forget about Temporary Total Disability Compensation no matter what” says the Ohio Supreme Court
On September 10, 2018 the Ohio BWC issued a press release announcing a new pilot program. The BWC's Opioid Workplace Safety Program will provide up to $5 million over two years to help employers in Montgomery, Ross and Scioto counties hire, manage and retrain workers in recovery. The pilot program's launch is scheduled for October 15, 2018. … Continue reading Why is the Ohio BWC Paying Employers to Hire Workers with a History of Opioid Abuse?
A recent case out of the 10th Appellate District addressed an issue I've raised many times at hearing, whether a claim can be allowed for "radiculitis". My argument, which has generally been successful, is that a claim cannot be allowed for radiculitis because radiculitis is a symptom of an underlying condition. However, the 10th Appellate … Continue reading Is it a Symptom or a Condition, and Does it Matter?
That’s a simple question, isn’t it? Well, not necessarily. On first blush, the answer seems obvious: zero, right? I mean, if you are really permanently incapable of any sustained remunerative employment, then it stands to reason that you cannot work for any part of the day. As a decision issued last week indicates however, the … Continue reading Case Update-How Many Hours Can You Work and Still Be Permanently and Totally Disabled?
Ok, I’ll admit, that by-line sounds kind of dumb. Of course it is, certainly to the employee who has been terminated. However, a recent case made me think about whether the specter of a retaliatory discharge action should keep my clients from terminating (or taking other disciplinary action against) an employee who should legitimately be … Continue reading Retaliatory Discharge-Is It Really a Big Deal?
Following time off to recover from a work-related injury (or from a non-work related medical condition) many employers require a fitness for duty examination before allowing employees to return to their former positions of employment. There are many good reasons for having such a policy. However, as we’ve discussed before, employers need to be mindful … Continue reading Three Examples of How Employer-Sponsored Medical Examinations Can Get You in Trouble
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
Last Thursday, the Ohio BWC recommended a 12% reduction in next year's rates for Ohio's school districts, cities and other local-government employers. This follows the BWC's decision to issue another $1.5 billion in rebates to all employers, public and private. Those rebate checks have been going out this summer. The BWC attributes the new rate … Continue reading Ohio BWC Proposes 12% Rate Reduction for Public Employers
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