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?
On May 20, 2019 Governor Mike DeWine and Bureau of Workers' Compensation (“BWC”) Administrator/CEO Stephanie McCloud proposed giving $1.5 billion to Ohio employers this year following strong returns on the agency’s investments. So, what do Ohio employers need to do to participate? Good news, you can hit the "easy button" on this one. You don't … Continue reading Claim Your Piece of the Ohio BWC’s $1.5 Billion Rebate
The first thing you need to figure out when deciding whether a workers' compensation claim is compensable is whether the injury "arose out of" and whether it occurred "in the course and scope of" the injured worker's employment. As the title of this post suggests, according to one Ohio court, employees can be in the … Continue reading Injured on the Way to Breakfast? According to This Court, You’ve Got Yourself a Workers’ Compensation Claim
In Ohio, injured workers can file what is known as an "Application for Additional Award for Violation of a Specific Safety Requirement" ("VSSR"). For an employer, an alleged Violation of a Specific Safety Requirement can be as intimidating as being a point guard, called up to the NBA, and immediately put into a game to … Continue reading Defend an Alleged Safety Violation Like You’re Playing LeBron James
Ohio law clearly prohibits employers from taking adverse action against an employee for filing a workers' compensation claim. Those of you who know that already, and read that byline, might be thinking: "hold on a second, maybe Eric's post this week says more about medical marijuana in his workplace than workers' compensation retaliation?" Well, first … Continue reading Filed a Workers’ Compensation Claim and Fired? It Isn’t Necessarily Workers’ Compensation Retaliation.
Or, should I say, according to the U.S. Department of Labor, if you don't you might find yourself in hot water. According to an opinion letter the Department of Labor issued last month, employers must designate FMLA eligible time as such, even if the employee would prefer to use sick leave or some other type … Continue reading You No Longer Just Should Run FMLA Leave Concurrently with Temporary Total Disability-Now You Have To
Injured workers are not required to sign an unrestricted medical release form to proceed with their workers' compensation claims, according to a case released last week. I should start this post with a qualification (as I so often do-it's the lawyer in me): this case dealt with an application for permanent total disability compensation. Your … Continue reading Can your Medical Release Form Cover Everything? Nope. Not According to the 10th Appellate District.
A case decided on April 9, 2019 by the Ohio Supreme Court dealt with an injured worker who retired; claimed that she re-entered the workforce by "working" on her farm; had surgery; and then requested temporary total disability ("TTD") compensation. Before we get into the specifics of the case, let's do a brief rundown of … Continue reading You Can’t Get Back on Temporary Total Disability By Mowing the Grass and Picking Up Trash in Your Yard, Says the Ohio Supreme Court
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