A case decided on April 9, 2019 by the Ohio Supreme Court dealt with an injured worker who retired; claimed that she re-entered the workforce by "working" on her farm; had surgery; and then requested temporary total disability ("TTD") compensation. Before we get into the specifics of the case, let's do a brief rundown of … Continue reading You Can’t Get Back on Temporary Total Disability By Mowing the Grass and Picking Up Trash in Your Yard, Says the Ohio Supreme Court
For those of you who are not familiar with it, the "reverse offset" is not a football play (that I’m aware of), and if the Trump administration's proposed 2020 budget eliminates it, there will be a huge impact on employers in several states, including Ohio. First of all, what exactly is the "reverse offset", and … Continue reading The “Reverse Offset”: 217 Million Reasons Why Ohio Employers, and the Ohio Bureau of Workers’ Compensation, Should Be Concerned About President Trump’s Budget Plans
This post was sparked by some recent news events, and a podcast I follow. Of course, given the title of this blog, I'll have to add my workers' compensation law spin on it at the end. The teaser is yes, there is a way for the dependents of an injured worker to get benefits for … Continue reading Suicide Levels for U.S. Workers are up 34 Percent. What Can Employers Do To Help?
Regular readers of the blog, I hope I've been able to share some useful information over the past year and a half. Now comes my request for help with some shameless self-promotion. Putting in the effort weekly to come up with things in the workers' compensation world that are actually interesting to read about is … Continue reading Help! Please Nominate Employers Workers’ Compensation Law Blog
Even those of you who aren't basketball fans are probably aware that, even with Kevin Love's best efforts, the "post-Lebron" Cleveland Cavaliers have had a tough go of things this season. However, the Cavs got a win off the basketball court recently, and the case gives us a chance to review a concept in workers' … Continue reading Your Zone of Employment Does NOT Begin in the Walkway to Quicken Loans Arena.
That short answer is no. Not even remotely. But I read them anyway, just in case. In order to spare you the pain, here are the highlights. As part of its regular rule review process, the Industrial Commission amended ten of its administrative rules, effective February 1, 2019. The ten rules that were amended covered: … Continue reading Are the Industrial Commission’s Rule Changes for 2019 Exciting?
Late last month, the Ohio Bureau of Workers' Compensation "BWC" announced that starting on July 1, 2019 Oxycodone was being removed from its formulary list. According to BWC Chief Medical Officer Terry Welsh, Oxycodone is being replaced with “an equally effective but harder to abuse drug” named Xtampza ER. According to Welsh, “Xtampza is a … Continue reading The Ohio BWC Removed Oxycodone from the List of Approved Medications. Is Marijuana a Possible Replacement?
Under Ohio law, the Industrial Commission can suspend an injured worker's claim for failing to appear for a medical examination, or to fill out medical release forms. Way back when I was a young lawyer, that code section was colorfully introduced to me by a more senior colleague, as follows: "O.R.C. 4123.651, I've got it … Continue reading Yes, Your Claim Can Be Suspended for Failing to Undergo a Psychological Test
Most employers are aware of the prohibitions against taking any adverse action against an employee for filing a workers’ compensation claim. First of all, Ohio Revised Code Section 4132.90 specifically prohibits workers’ compensation retaliation, and provides a cause of action for employees who feel they were retaliated against. For a more detailed discussion of the … Continue reading OSHA’s New Pathway for Workers’ Compensation Retaliation Complaints Upheld
A new study by the Workers' Compensation Research Institute listed several factors that can identify which injured workers will receive opioid pain medication on a chronic basis. The study looked at a number of factors, including the worker's age and gender; the type and size of the employer involved in the claim; as well as the … Continue reading How to Identify and Control Chronic Opioid Use in a Workers’ Compensation Claim