Defend an Alleged Safety Violation Like You’re Playing LeBron James

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

Filed a Workers’ Compensation Claim and Fired? It Isn’t Necessarily Workers’ Compensation Retaliation.

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.

You No Longer Just Should Run FMLA Leave Concurrently with Temporary Total Disability-Now You Have To

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

Can your Medical Release Form Cover Everything? Nope. Not According to the 10th Appellate District.

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.

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

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

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

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

Suicide Levels for U.S. Workers are up 34 Percent. What Can Employers Do To Help?

This post was sparked by some recent news events, and a podcast I follow.  Of course, given the title of this blog, I'll have to add my workers' compensation law spin on it at the end.  The teaser is yes, there is a way for the dependents of an injured worker to get benefits for … Continue reading Suicide Levels for U.S. Workers are up 34 Percent. What Can Employers Do To Help?

Your Zone of Employment Does NOT Begin in the Walkway to Quicken Loans Arena.

Even those of you who aren't basketball fans are probably aware that, even with Kevin Love's best efforts, the "post-Lebron" Cleveland Cavaliers have had a tough go of things this season.  However, the Cavs got a win off the basketball court recently, and the case gives us a chance to review a concept in workers' … Continue reading Your Zone of Employment Does NOT Begin in the Walkway to Quicken Loans Arena.

Are the Industrial Commission’s Rule Changes for 2019 Exciting?

That short answer is no.  Not even remotely.  But I read them anyway, just in case.  In order to spare you the pain, here are the highlights. As part of its regular rule review process, the Industrial Commission amended ten of its administrative rules, effective February 1, 2019.  The ten rules that were amended covered: … Continue reading Are the Industrial Commission’s Rule Changes for 2019 Exciting?

The Ohio BWC Removed Oxycodone from the List of Approved Medications. Is Marijuana a Possible Replacement?

Late last month, the Ohio Bureau of Workers' Compensation "BWC" announced that starting on July 1, 2019 Oxycodone was being removed from its formulary list.  According to BWC Chief Medical Officer Terry Welsh, Oxycodone is being replaced with “an equally effective but harder to abuse drug” named Xtampza ER.  According to Welsh, “Xtampza is a … Continue reading The Ohio BWC Removed Oxycodone from the List of Approved Medications. Is Marijuana a Possible Replacement?