The Ohio Supreme Court recently terminated the permanent total disability ("PTD") compensation of a man who was caught performing various horse-training and grooming activities at a racetrack in exchange for a waiver of housing and feeding expenses for the worker’s own horses. In the case, (The State Ex Rel. Seibert v. Richard Cyr, Inc., 2019-Ohio-3341, … Continue reading Just Because You Don’t Get Paid for Working at the Racetrack While You’re off on Workers’ Compensation Doesn’t Mean You Aren’t Committing Fraud, Says the Ohio Supreme Court
In Ohio, an employee is not entitled to temporary total disability compensation if they have "voluntarily abandoned" their employment. Voluntary abandonment is defined as violating a written work rule or policy that: (1) clearly defined the prohibited conduct, (2) was previously identified by the employer as a dischargeable offense, and (3) was known or should … Continue reading If You Deny TTD Because an Employee Was Fired for Failing a Drug Test, You Had Better Be Ready to Produce That Drug Test, According to This Recent Case
A recent Supreme Court case addressed the conditions that must be met in order for an employer to terminate ongoing temporary total disability compensation based upon an offer of light duty employment. Under O.R.C. 4123.56(A), once started, temporary total disability payments continue until: 1) the employee has returned to work; 2) the employee's treating physician … Continue reading Was Your Light Duty Job Offer “Made in Good Faith”?
According to a 2018 study in the Journals of Scientific Reports, unusual bone spurs have begun showing up in the necks people aged 18 to 30. Researchers suggest that the changes are the result of sustained altered neck posture due to extensive use of hand-held technologies, such as smartphones and tablets. The study was reported in … Continue reading Will You Be Seeing a “Tech Neck” Claim Anytime Soon?
The Center for Medicare and Medicaid Services ("CMS) recently included generic versions of Oxycodone and Lyrica in its "Red Book". The "Red Book" is the pricing source for prescription medications utilized by CMS when evaluating whether an appropriate amount has been set aside to cover future medical expenses in a settlement of a workers' compensation … Continue reading Dust off That Medicare Set-Aside Evaluation-Oxycodone and Lyrica Prices Have Dropped
As we all know, to be compensable under Ohio Workers' Compensation law an injury must have occurred "in the course and scope of employment". Both parts of the test must be met. The Ohio Supreme Court developed a two part approach to the course and scope of employment analysis. To determine whether an injury occurred … Continue reading Are You Smarter Than a Workers’ Compensation Attorney?
Under Ohio law either the Bureau of Workers' Compensation or the Industrial Commission has the right to have an injured worker examined by a physician of their choosing in connection with any issue to be heard before the Industrial Commission. If the injured worker refuses to submit to the examination, their claim for compensation “is … Continue reading How Many Workers’ Compensation Examinations Must One Person Endure? More Than One, According to the Ohio Supreme Court
It is well settled law that the Industrial Commission cannot base its decisions on "equivocal" medical evidence. State ex rel. Eberhardt v. Flxible Corp. Equivocation occurs when a doctor: 1) repudiates an earlier opinion, 2) renders contradictory or uncertain opinions, or 3) fails to clarify an ambiguous statement. A Supreme Court case released last week, … Continue reading What Makes a Doctor’s Report Ambiguous for Workers’ Compensation Purposes? A New Supreme Court Case Attempts to Make That …Unambiguous
This week, the Centers for Medicare & Medicaid Services (CMS) proposed to cover acupuncture for Medicare patients with chronic low back pain who are enrolled participants either in clinical trials sponsored by the National Institutes of Health (NIH) or in CMS-approved studies. To read the proposed decision, visit the CMS website here. Acupuncture is not currently … Continue reading Medicare Is Considering Approving Acupuncture for Low Back Problems. Does It Have a Place in Workers’ Compensation Claims?
Ohio law has long held that employees are not covered under the workers' compensation system for mental conditions that do not arise from a physical injury. Provisions in the BWC budget bill (Sub. H. B. No. 80-passed by the Ohio House on June 5, 2019) could change that. If Ohio legislators watch "Tomb Raider: The … Continue reading PTSD Claims for First Responders: Opening Pandora’s Box?