A recent change to the Ohio Administrative Code (O.A.C.) clarifies the procedure by which employers may unilaterally terminate payment for ongoing prescriptions in claims. Specifically, O.A.C. Section 4123-6-21.1 provides that self-insured employers may terminate payment for prescription medications by: Notifying the worker, their representative, and the prescribing physician in writing that the employer will be obtaining a … Continue reading New Rules for Self-Insured Employers to Unilaterally Terminate Payment for Medications
Month: January 2018
State-funded Ohio employers can get a workers’ compensation premium credit in motor vehicle accident cases
As part of Ohio House Bill 207 , the Ohio Bureau of Workers' compensation will now credit the risk experience of state funded employers for claims arising out of motor vehicle accidents in which their employee was not found to be at fault. The provisions of HB 207 became effective for accidents occurring on or … Continue reading State-funded Ohio employers can get a workers’ compensation premium credit in motor vehicle accident cases
“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?
“Body-odor” does not seem like it could be a protected condition under the Americans with Disabilities Act (“ADA”). Depending upon the cause of the body odor, the condition actually might qualify under the right circumstances. Secondly, it underscores another way employers can run afoul of the ADA-it also protects employees who are discriminated against based … 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