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.
Category: Workers Compensation
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?
Yes, Your Claim Can Be Suspended for Failing to Undergo a Psychological Test
Under Ohio law, the Industrial Commission can suspend an injured worker's claim for failing to appear for a medical examination, or to fill out medical release forms. Way back when I was a young lawyer, that code section was colorfully introduced to me by a more senior colleague, as follows: "O.R.C. 4123.651, I've got it … Continue reading Yes, Your Claim Can Be Suspended for Failing to Undergo a Psychological Test
OSHA’s New Pathway for Workers’ Compensation Retaliation Complaints Upheld
Most employers are aware of the prohibitions against taking any adverse action against an employee for filing a workers’ compensation claim. First of all, Ohio Revised Code Section 4132.90 specifically prohibits workers’ compensation retaliation, and provides a cause of action for employees who feel they were retaliated against. For a more detailed discussion of the … Continue reading OSHA’s New Pathway for Workers’ Compensation Retaliation Complaints Upheld
How to Identify and Control Chronic Opioid Use in a Workers’ Compensation Claim
A new study by the Workers' Compensation Research Institute listed several factors that can identify which injured workers will receive opioid pain medication on a chronic basis. The study looked at a number of factors, including the worker's age and gender; the type and size of the employer involved in the claim; as well as the … Continue reading How to Identify and Control Chronic Opioid Use in a Workers’ Compensation Claim
Have You Considered Uber or Lyft as a Return to Work Option?
With our society's turn towards the "gig" economy, is it time to change the way we think about return to work options for injured workers? Ride sharing services such as Uber and Lyft provide flexible hours; are less physically demanding than many other positions; and may have fewer "start up costs" and barriers to entry … Continue reading Have You Considered Uber or Lyft as a Return to Work Option?
Will Ohio’s New Standard Medical Release Form Stand Up to HIPAA Scrutiny?
Several weeks ago, I posted about the new standard medical release form that all Ohio providers are required to honor. As I mentioned in that post, pursuant to Ohio Administrative Code Section 5160-1-32.1, effective February 3, 2019, all Ohio providers must honor a standard authorization form. You can find a link to a copy of … Continue reading Will Ohio’s New Standard Medical Release Form Stand Up to HIPAA Scrutiny?
New Guide Clarifies Employers’ Liability in Medicare Set-Aside Arrangements
On January 9, 2019 the Center for Medicare and Medicaid Services (“CMS”) issued its most recent Workers’ Compensation Medicare Set-Aside Reference Guide (“WCMSA”). A complete copy of the new WCMSA can be found here. Most notably, CMS added two examples of how settlements not meeting the CMS review thresholds still require a consideration of Medicare’s … Continue reading New Guide Clarifies Employers’ Liability in Medicare Set-Aside Arrangements
The Statistics Prove That You Should Take an Extra Close Look at Monday Strain Injuries
Some people in the workers' compensation world take a slightly more skeptical view of claims that are reported on a Monday. Obviously, the thought goes that the worker may have injured him or herself over the weekend and tried to pass it off as a work injury. Is that skepticism really justified? A recent study … Continue reading The Statistics Prove That You Should Take an Extra Close Look at Monday Strain Injuries
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