A recent case out of the 10th Appellate District addressed an issue I've raised many times at hearing, whether a claim can be allowed for "radiculitis". My argument, which has generally been successful, is that a claim cannot be allowed for radiculitis because radiculitis is a symptom of an underlying condition. However, the 10th Appellate … Continue reading Is it a Symptom or a Condition, and Does it Matter?
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.
How Can Nurses Certify Temporary Total Disability Compensation????
First off, that title might be a bit misleading. I’m just trying to liven up an extremely dry subject area, so cut me some slack please. Not all nurses can certify temporary total disability compensation. However, according to Industrial Commission Policy Memo D8, updated effective July 30, 2018, during the first six weeks following an … Continue reading How Can Nurses Certify Temporary Total Disability Compensation????
Organ Donors Qualify for Leave under the FMLA
This post has nothing to do with workers’ compensation. It has to do with FMLA leave, which is another hat some readers of this blog wear as well. I’m sure you’ve all heard over and over again about the “Bermuda Triangle” of Workers’ Comp/ADA/FMLA so I won’t belabor that point. Suffice it to say that … Continue reading Organ Donors Qualify for Leave under the FMLA
Case Update-How Many Hours Can You Work and Still Be Permanently and Totally Disabled?
That’s a simple question, isn’t it? Well, not necessarily. On first blush, the answer seems obvious: zero, right? I mean, if you are really permanently incapable of any sustained remunerative employment, then it stands to reason that you cannot work for any part of the day. As a decision issued last week indicates however, the … Continue reading Case Update-How Many Hours Can You Work and Still Be Permanently and Totally Disabled?
Retaliatory Discharge-Is It Really a Big Deal?
Ok, I’ll admit, that by-line is a bit simplistic. Of course it is, certainly to the employee who has been terminated. However, a recent case made me think about whether the specter of a retaliatory discharge action should keep my clients from terminating (or taking other disciplinary action against) an employee who should legitimately be … Continue reading Retaliatory Discharge-Is It Really a Big Deal?
Three Examples of How Employer-Sponsored Medical Examinations Can Get You in Trouble
Following time off to recover from a work-related injury (or from a non-work related medical condition) many employers require a fitness for duty examination before allowing employees to return to their former positions of employment. There are many good reasons for having such a policy. However, as we’ve discussed before, employers need to be mindful … Continue reading Three Examples of How Employer-Sponsored Medical Examinations Can Get You in Trouble
It Happened At Work…Why Isn’t It a Workers’ Compensation Claim? Part II-Personal Errands
A while ago, I wrote a post about an "idiopathic fall", one of several ways an injury that occurred at work could still not be compensable under Ohio's workers’ compensation system. This post is about what Ohio courts define as a "personal errand", another way a claim that arguably occurred "at work" could not be … Continue reading It Happened At Work…Why Isn’t It a Workers’ Compensation Claim? Part II-Personal Errands
Ohio BWC Proposes 12% Rate Reduction for Public Employers
Last Thursday, the Ohio BWC recommended a 12% reduction in next year's rates for Ohio's school districts, cities and other local-government employers. This follows the BWC's decision to issue another $1.5 billion in rebates to all employers, public and private. Those rebate checks have been going out this summer. The BWC attributes the new rate … Continue reading Ohio BWC Proposes 12% Rate Reduction for Public Employers
Why You Need To Settle Your Workers’ Compensation Claims Using More Than an SI-42
First, a disclaimer. The first case I'm about to discuss is from California. Fortunately (from a defense attorney's perspective at least) I don't practice in California. I get the impression that a California employee can have a cause of action (and apparently even a workers' compensation claim) for their boss looking at them the wrong way. However, when … Continue reading Why You Need To Settle Your Workers’ Compensation Claims Using More Than an SI-42
CMS Sues Yet Another Attorney for Failing to Reimburse Medicare
For many of you reading this the Center for Medicare/Medicaid Services (“CMS”) may sometimes feel like the bane of your existence. Gone are the good old days when you could settle the claim of an older worker secure in the knowledge that future medical payments for the injuries underlying the claim would be covered by … Continue reading CMS Sues Yet Another Attorney for Failing to Reimburse Medicare
Employers Workers' Compensation Law Blog 