Author: Eric Rich

Eric Rich is a litigation and workers' compensation attorney with Dinsmore & Shohl LLP. Eric assists large and small employers in multi-state occupational disease litigation, administrative and court proceedings, alleged workplace safety violations and structured settlement negotiations. Eric also advises employers regarding their obligations under the ADA, FMLA and other state and federal statutes.

CMS Allows Insurers A Second Chance With Their Medicare Set Aside Submissions

On July 10, 2017 The Centers for Medicare and Medicaid Services ("CMS") published a new Workers’ Compensation Medicare-Set Aside Portal ("WCMSAP") User Guide and updated its policy regarding reconsideration of unfavorable Medicare Set-Aside ("MSA") determinations. Previously CMS allowed for a very limited re-review process, reserved for situations where either: 1) CMS’ determination contained an obvious mistake, such … Continue reading CMS Allows Insurers A Second Chance With Their Medicare Set Aside Submissions →

Can You Still Schedule That Permanent Partial Disability Exam You’ve Been Putting Off?

A client recently approached us after they weren't able to get a Permanent Partial Disability ("PPD") examination scheduled until after the first level (District Hearing Officer "DHO") hearing.  My first instinct was that they were out of luck.  After looking into the matter further however, that wasn't necessarily the case.  The rules in Ohio regarding PPD … Continue reading Can You Still Schedule That Permanent Partial Disability Exam You’ve Been Putting Off? →

Poll Released On Providing Workers’ Compensation To Undocumented Workers

I previously posted about Ohio House Bill 380, which was introduced in the Ohio Legislature in October of this year.  The bill would prevent anyone not legally residing in the United States from receiving workers’ compensation benefits.   Similar language was included in the workers’ compensation bill signed by Governor Kasich on June 30, 2017 but was removed … Continue reading Poll Released On Providing Workers’ Compensation To Undocumented Workers →

Ohio Supreme Court Holds That Workers Cannot Voluntarily Dismiss Employers’ Court Appeals

On September 28, 2017 the Ohio Supreme Court released its decision in Ferguson v. State, Slip Opinion No. 2017-Ohio-7844.  The Court rejected a lower court decision which held that the “consent provision” of R.C. § 4123.512(D), which requires employers to consent to workers’ voluntary dismissal of employer court appeals, was unconstitutional. Under Ohio law, both … Continue reading Ohio Supreme Court Holds That Workers Cannot Voluntarily Dismiss Employers’ Court Appeals →

Is Ohio Testing The Waters Of Private Workers’ Compensation Insurance?

Ohio House Bill 268, introduced June 12, 2017, proposes allowing self-insured employers to contract with private insurers to indemnify them against their workers’ compensation liability. The legislation also eliminates prohibitions currently in place against insurance companies representing employers in the settlement, adjudication, or payment of claims.  Lastly, the legislation proposes establishing an additional self-insured employers’ … Continue reading Is Ohio Testing The Waters Of Private Workers’ Compensation Insurance? →

Bill To Bar Undocumented Workers From Receiving Workers’ Compensation Benefits Introduced In Ohio

On October 11, 2017 State Representatives Bill Seitz and Larry Householder introduced a bill to the Ohio legislature that would prevent anyone not legally residing in the United States from receiving workers’ compensation benefits. H.B. 380 provides that an employer would be liable for damages suffered as the result of the injury only if an … Continue reading Bill To Bar Undocumented Workers From Receiving Workers’ Compensation Benefits Introduced In Ohio →

Tough Legal Questions For Employers Regarding Post-Accident Drug Testing

Ohio lawmakers remain on track for making medical marijuana available by September of 2018. Employers are now faced with new challenges surrounding post-accident drug testing. Very recently, the Occupational Safety and Health Administration (“OSHA”) suggested that, in some circumstances, it considers post-accident drug testing a violation of OSHA regulations. The Ohio Supreme Court just issued … Continue reading Tough Legal Questions For Employers Regarding Post-Accident Drug Testing →

Industrial Commission Guidance On Voluntary Abandonment Of Employment

The Industrial Commission of Ohio recently updated the guidance it gives hearing officers regarding the issue of voluntary abandonment of employment. Memo D5 breaks down the three situations in which Ohio courts have found that injured workers “voluntarily abandoned” their employment and were therefore not entitled to temporary total disability (“TTD”) compensation.  Industrial Commission Memo … Continue reading Industrial Commission Guidance On Voluntary Abandonment Of Employment →

It Happened At Work…Why Isn’t It A Workers’ Compensation Claim?

Most people assume that any injury that occurs at work always results in a compensable workers’ compensation claim. While that’s true the overwhelming majority of the time, it isn’t always the case in Ohio.  As Ohio’s Second Appellate District Court noted last week in White v. Buehrer, 2nd Dist. Montgomery No. 27295, 2017-Ohio-8254, one exception … Continue reading It Happened At Work…Why Isn’t It A Workers’ Compensation Claim? →

Ohio Puts The Brakes On Plan To Raid The Bureau Of Workers’ Compensation Budget

The Ohio Chamber of Commerce just reported on the introduction of Senate Bill 8 in the Ohio Legislature. All For Ohio Blog The Bill removes provisions in the state budget bill that would have allowed the Office of Management and Budget to transfer up to 2% of the Bureau of Workers' Compensation and Industrial Commission budgets to … Continue reading Ohio Puts The Brakes On Plan To Raid The Bureau Of Workers’ Compensation Budget →