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
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.
Suicide Levels for U.S. Workers are up 34 Percent. What Can Employers Do To Help?
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. You might think that workers' compensation coverage does not apply to suicides, but that is not always the case. … Continue reading Suicide Levels for U.S. Workers are up 34 Percent. What Can Employers Do To Help?
Help! Please Nominate Employers Workers’ Compensation Law Blog
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
Your Zone of Employment Does NOT Begin in the Walkway to Quicken Loans Arena.
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.
Are the Industrial Commission’s Rule Changes for 2019 Exciting?
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?
The Ohio BWC Removed Oxycodone from the List of Approved Medications. Is Marijuana a Possible Replacement?
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?
Yes, Your Claim Can Be Suspended for Failing to Undergo a Psychological Test
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
OSHA’s New Pathway for Workers’ Compensation Retaliation Complaints Upheld
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
How to Identify and Control Chronic Opioid Use in a Workers’ Compensation Claim
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
Have You Considered Uber or Lyft as a Return to Work Option?
With our society's turn towards the "gig" economy, is it time to change the way we think about return to work options for injured workers? Ride sharing services such as Uber and Lyft provide flexible hours; are less physically demanding than many other positions; and may have fewer "start up costs" and barriers to entry … Continue reading Have You Considered Uber or Lyft as a Return to Work Option?
Employers Workers' Compensation Law Blog 