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
In Stein v. Atlas Industries, 2018 WL 1719097 (6th Cir. April 9, 2018) the 6th District considered an FMLA/ERISA action brought by an employee who was terminated after failing to show up for work after the physician treating him for a work-related injury released him to light-duty. Stein tore his meniscus at work. After recovering … Continue reading You can terminate that employee who is off for a work injury…….but, based on this new 6th Circuit Court case, don’t forget that there are implications outside of workers’ compensation/FMLA/ADA issues
Since it's a sunny Friday afternoon, and I just can't bring myself to dig into the Supreme Court's TTD decision issued last month, I'm putting together this brief post, taken from the BWC's Special Investigation Unit's Blog. According to the BWC, one month after his alleged role in murdering his girlfriend’s other lover in February 2017, the … Continue reading Ohio murder suspect defrauds state work comp bureau
First off, if you actually clicked in to read this article, congratulations! You must be a dedicated workers’ compensation superstar. When the Supreme Court issued its decision last week in State ex rel. Witt v. Indus. Comm., my first thought was “who in the heck would want to read about that?”. With that said, the … Continue reading The Ohio Supreme Court’s New Continuing Jurisdiction Case Made Exciting…..Well, Maybe
At a press conference with Ohio Governor John Kasich on Tuesday, BWC Administrator Sarah Morrison announced that the Bureau is recommending $1.5 billion in rebates to Ohio employers. If the rebates are approved, rebate checks amounting to 85% of premiums paid for the policy year ending June 30, 2017 will be mailed to employers this … Continue reading Ohio Bureau of Workers’ Compensation Proposes $1.5 Billion Rebate
With speaking at SIGO's education day, writing an article for the Cleveland Metropolitan Bar Association and getting ready for another CLE, I've been a little delinquent with the blog, so my apologies. I've decided to use some of the material I put together for those events in the blog. This is Part One of an article I'm … Continue reading Medicare Set-Aside Facts and Fiction
One of the bases for terminating ongoing temporary total disability compensation set out in R.C. §4123.56 is: “when work within the physical capabilities of the employee is made available by the employer or another employer.” However, the Ohio Supreme Court, 10th Appellate District and the Industrial Commission are very strict about how this job offer … Continue reading 2 ways to make sure your light-duty job offer passes muster at the Industrial Commission
I was just involved in a loss of use case that required me to brush up on my knowledge of the subject. In the interest of not re-inventing the wheel I’m sharing what I learned as this week’s blog post. Short version- In order to qualify for a loss of use, the amputation must be “near … Continue reading When is a partial loss not a partial loss?
Pursuant to Ohio Administrative Code Section 4123-6-32, which became effective January 1, 2018, the BWC will not reimburse providers for lumbar fusion surgery unless the treating physician follows the BWC’s “best practices” for the procedure. In addition to the requirement that Injured Workers undergo at least 60 days of conservative care before having a lumbar … Continue reading How the Ohio BWC is Getting Tough on Opioid Pain Medications and Lumbar Fusion Surgery