Under Ohio law, injuries sustained as the result of drug or alcohol use are not covered under the workers’ compensation system. The Ohio legislature also provided a very specific set of circumstances in which it is presumed that a workplace accident was the result of alcohol or drug use. Unfortunately, the Code section itself, Ohio … Continue reading What You Need to Know about Drug Testing in Workers’ Compensation Claims
I’ve written before on why you need to settle your workers’ compensation claim with more than just an SI-42. See post here. As I noted in that post, if your settlement includes a release of any and all employment related claims, there are a number of considerations you need to take into account, including the … Continue reading Why Should Your Workers’ Compensation Attorney Understand the Age Discrimination in Employment Act and Fair Labor Standards Act? Here’s why.
A study published last month in the Journal of the American Medical Association found that workers’ compensation claimants have a high proportion of persistent opioid use. A link to the study can be found here. The report found that 30 percent of injured workers prescribed opioids are still taking them 3 months after their injuries; … Continue reading New Study Links Opioids to Workers’ Compensation Claims
If you’ve been reading this blog for a while you can probably guess that the answer is “it depends.” For employees with a fixed place of employment, the general rule is that an injury which occurs while traveling to or from the workplace is not compensable, under what’s known as the "coming-and-going rule." MTD Prods., … Continue reading How Can An Injury That Occurred On The Way To Work Generate a Workers’ Compensation Claim?
According to a study just published by the National Academy of Social Insurance, when compared to the rest of the country, indemnity compensation makes up a much greater proportion of Ohio workers’ compensation claims in relationship to medical benefits paid. In 2016, Ohio cash benefits accounted for 61 percent of workers’ compensation benefits paid, while … Continue reading Why Are Ohio Employers Paying A Greater Share Of Indemnity Compensation Than The Rest Of The County?
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?