Pursuant to Ohio Revised Code Section 4123.512(D) employers are entitled to reimbursement for the stenographic costs of depositions taken of a physician which is introduced at trial. That pertinent part of that section reads: “The bureau of workers' compensation shall pay the cost of the stenographic deposition filed in court and of copies of the stenographic deposition … Continue reading How to get part of the employer’s trial expenses reimbursed by the Bureau of Workers’ Compensation
Category: Workers Compensation
7 Things to Remember When Defending a VSSR in Ohio
Dealing with an alleged Violation of a Specific Safety Requirement ("VSSR") is, fortunately, not something employers have to deal with very often. In fact, a client with whom I've worked for several years wasn't even aware of the issue until it recently came up. In the event that you or your client is faced with this situation, … Continue reading 7 Things to Remember When Defending a VSSR in Ohio
The Ohio Supreme Court’s New Continuing Jurisdiction Case Made Exciting…..Well, Maybe
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
Medicare Set-Aside Facts and Fiction-Part II
Here is the second part of my article for the Cleveland Metropolitan Bar Journal. There are some resources at the end of the article that might be helpful if you need to contact CMS regarding any MSA issues or, as discussed in this part of the article, if you are dealing with any Medicaid lien … Continue reading Medicare Set-Aside Facts and Fiction-Part II
Dependency Issues? Not in this courtroom, says recent case
Last week, the 11th Appellate District ruled that a common pleas court does not have jurisdiction over an appeal from an Industrial Commission decision as to dependency status in a death claim. In the case, Centric v. Buehrer, 2018-Ohio-698, the Commission allowed death benefits to the decedent’s children, but denied benefits to his alleged common … Continue reading Dependency Issues? Not in this courtroom, says recent case
The Ohio Workers First Act-PowerPoint Presentation
This post is the long version of the PowerPoint presentation regarding the Ohio Workers First Act I gave at the CMBA Workers' Compensation Section meeting in January. I'm posting it in particular for those who are going to see the shortened version of the presentation at the SIGO Education Day on March 16th, and are looking for some more information regarding the … Continue reading The Ohio Workers First Act-PowerPoint Presentation
How to Make Your Voluntary Abandonment Argument Stick
The Ohio Supreme Court has made it increasingly difficult to terminate temporary total disability compensation based upon voluntary abandonment of employment. Case in point, the recent decision in State ex rel. Cordell v. Pallet Cos., Inc. In this post, I’m going to discuss how employers can still take advantage of the voluntary abandonment defense, and … Continue reading How to Make Your Voluntary Abandonment Argument Stick
New Rules for Self-Insured Employers to Unilaterally Terminate Payment for Medications
A recent change to the Ohio Administrative Code (O.A.C.) clarifies the procedure by which employers may unilaterally terminate payment for ongoing prescriptions in claims. Specifically, O.A.C. Section 4123-6-21.1 provides that self-insured employers may terminate payment for prescription medications by: Notifying the worker, their representative, and the prescribing physician in writing that the employer will be obtaining a … Continue reading New Rules for Self-Insured Employers to Unilaterally Terminate Payment for Medications
State-funded Ohio employers can get a workers’ compensation premium credit in motor vehicle accident cases
As part of Ohio House Bill 207 , the Ohio Bureau of Workers' compensation will now credit the risk experience of state funded employers for claims arising out of motor vehicle accidents in which their employee was not found to be at fault. The provisions of HB 207 became effective for accidents occurring on or … Continue reading State-funded Ohio employers can get a workers’ compensation premium credit in motor vehicle accident cases
“Yes Virginia, there is an Intentional Tort”. A belated Christmas story.
At a presentation I gave last week regarding Ohio House Bill 380 (which allows undocumented workers to pursue an intentional tort against their employer-see my post here) someone said to me, "Yeah, but there's really no intentional tort in Ohio now anyway". I must admit, I pretty much agreed. Then, this case, Seaton v. Willoughby, … Continue reading “Yes Virginia, there is an Intentional Tort”. A belated Christmas story.
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