Medicare Is Considering Approving Acupuncture for Low Back Problems. Does It Have a Place in Workers’ Compensation Claims?

This week, the Centers for Medicare & Medicaid Services (CMS) proposed to cover acupuncture for Medicare patients with chronic low back pain who are enrolled participants either in clinical trials sponsored by the National Institutes of Health (NIH) or in CMS-approved studies.  To read the proposed decision, visit the CMS website here. Acupuncture is not currently … Continue reading Medicare Is Considering Approving Acupuncture for Low Back Problems. Does It Have a Place in Workers’ Compensation Claims?

What Else is at Issue in the BWC Budget Bill?

As regular readers know, the Ohio House and Senate are currently at odds regarding provisions contained within the most recent budget bill.  The Senate rejected the bill passed in the House, and a stopgap spending measure was approved, funding the BWC through July 30, 2019.  I addressed two controversial provisions in the House bill in … Continue reading What Else is at Issue in the BWC Budget Bill?

BWC Budget Bill Fails to Pass Due to Disputes About PTSD Claims and Citizenship Information on First Report of Injury Form

The Ohio House and Senate failed to reach agreement on the Bureau of Workers’ Compensation Budget Bill.  On June 30th the chambers approved a 30-day budget extension for the BWC in the form of SB172. The House version of the BWC Budget Bill included a  provision that would allow first responders to file claims for … Continue reading BWC Budget Bill Fails to Pass Due to Disputes About PTSD Claims and Citizenship Information on First Report of Injury Form

Should the Ohio BWC Be Collecting Citizenship Information on a First Report of Injury?

Two weeks ago I posted about a provision in Ohio's BWC budget bill to provide workers' compensation coverage for PTSD sustained by first responders in the line of duty.  This week I'll address another provision in the bill, which would require injured workers to provide their citizenship status when applying for workers' compensation benefits. Specifically, … Continue reading Should the Ohio BWC Be Collecting Citizenship Information on a First Report of Injury?

Why the Government Needs Medicare Set-Asides

Simply put, because Medicare is going broke.  Fast.  Based on the projections in the 2019 Medicare Trustee's report, the Medicare Hospital Insurance (Part A) trust fund will be depleted in 2026.  No, that wasn't a typo: 2026 (that's 7 years from now). What is a Medicare Set-Aside? First things first.  If you're new to this … Continue reading Why the Government Needs Medicare Set-Asides

PTSD Claims for First Responders: Opening Pandora’s Box?

Ohio law has long held that employees are not covered under the workers' compensation system for mental conditions that do not arise from a physical injury.  Provisions in the  BWC budget bill (Sub. H. B. No. 80-passed by the Ohio House on June 5, 2019) could change that.  If Ohio legislators watch "Tomb Raider: The … Continue reading PTSD Claims for First Responders: Opening Pandora’s Box?

Claim Your Piece of the Ohio BWC’s $1.5 Billion Rebate

On May 20, 2019 Governor Mike DeWine and Bureau of Workers' Compensation (“BWC”) Administrator/CEO Stephanie McCloud proposed giving $1.5 billion to Ohio employers this year following strong returns on the agency’s investments. So, what do Ohio employers need to do to participate?  Good news, you can hit the "easy button" on this one. You don't … Continue reading Claim Your Piece of the Ohio BWC’s $1.5 Billion Rebate

Think Like a Mediator to Settle Your Workers’ Compensation Claim

Workers compensation attorneys know that for our clients, the best claim is a settled claim.  With that in mind, I reached out to Teddy Snyder, who specializes in workers' compensation mediation, for some simple tips on how attorneys and claims professionals can maximize their chances of success at mediation.  The following text comes from a … Continue reading Think Like a Mediator to Settle Your Workers’ Compensation Claim

Injured on the Way to Breakfast? According to This Court, You’ve Got Yourself a Workers’ Compensation Claim

The first thing you need to figure out when deciding whether a workers' compensation claim is compensable is whether the injury "arose out of" and whether it occurred "in the course and scope of" the injured worker's employment.  As the title of this post suggests, according to one Ohio court, employees can be in the … Continue reading Injured on the Way to Breakfast? According to This Court, You’ve Got Yourself a Workers’ Compensation Claim

Defend an Alleged Safety Violation Like You’re Playing LeBron James

In Ohio, injured workers can file what is known as an "Application for Additional Award for Violation of a Specific Safety Requirement" ("VSSR"). For an employer, an alleged Violation of a Specific Safety Requirement can be as intimidating as being a point guard, called up to the NBA, and immediately put into a  game to … Continue reading Defend an Alleged Safety Violation Like You’re Playing LeBron James