Whenever an employer reaches a settlement agreement with an employee who has open workers' compensation claims, the employer should not forget about their potential obligations to protect Medicare's interest in the settlement proceeds. I've written about this issue several times in the past, so for more details, see my posts here: Dealing With Medicare … Continue reading Medicare Advantage Plans-Another Thing for Employers to Pay Attention to When Settling with an Employee
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
This week’s post comes from London, so instead of wracking my brain for odd tidbits about Ohio workers’ compensation law, I decided that I would just put together a brief post about the differences between the workers’ compensation systems in Europe as opposed to the U.S. I have been too busy learning things like the … Continue reading Workers’ Compensation in the United States and Europe
Workers' Compensation and other Issues for Santa
Under Ohio law, injuries sustained as the result of drug or alcohol use are not covered under the workers’ compensation system. The Ohio legislature also provided a very specific set of circumstances in which it is presumed that a workplace accident was the result of alcohol or drug use. Unfortunately, the Code section itself, Ohio … Continue reading What You Need to Know about Drug Testing in Workers’ Compensation Claims
According to a study just published by the National Academy of Social Insurance, when compared to the rest of the country, indemnity compensation makes up a much greater proportion of Ohio workers’ compensation claims in relationship to medical benefits paid. In 2016, Ohio cash benefits accounted for 61 percent of workers’ compensation benefits paid, while … Continue reading Why Are Ohio Employers Paying A Greater Share Of Indemnity Compensation Than The Rest Of The County?
Everyone who helps employers manage their workers’ compensation claims is aware of the importance of an independent medical examination (“IME”). Before I get to the 7 things you should make sure the examining physician addresses, let’s think about what you should be looking for from an IME. First and foremost, you should be looking for … Continue reading 7 Things You Should Ask at Your Independent Medical Examination
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
The other week I discussed a case in which an employee who was certified for FMLA leave by their physician was terminated for not properly notifying their employer of their leave status. The employee brought an action against their employer for FMLA interference and ERISA violations. The Court granted summary judgment for the employer on the … Continue reading You Decided Not to Fire that Employee Who Was Off on FMLA Leave. Now They Want More Time Off……?????
Many employers continue maintain a policy that employees who have been off due to a disability need to be completely healed before returning to work. Obviously, in my role as a workers’ compensation attorney, I’m not a fan of these policies. The Equal Employment Opportunity Commission (“EEOC”) just gave employers 3.5 million more reasons why … Continue reading 3.5 Million Reasons to Reconsider Your “100 Percent Healed” Return to Work Policy