Admittedly there will be “2017 greatest hits” lists on subjects much more exciting than this, but this is a workers’ compensation blog after all. So (drumroll please) here are my “top 14” of 2017 Ohio workers’ compensation cases and legislation. Enacted Legislation House Bill 27, which became effective September 29, 2017, made several important substantive … Continue reading Greatest Hits of 2017- Workers’ Compensation
Category: Workers Compensation
Ohio House Bill 27
House Bill 27, which became effective September 29, 2017, made several substantive changes to Ohio workers' compensation law, including: Reducing the statute of limitations for filing a claim to one year for claims involving injuries or deaths. The law does not change the statute of limitations for filing an occupational disease claim, which remains two … Continue reading Ohio House Bill 27
CMS Announces Updated Life Tables
On December 11, 2017 the Center for Medicare and Medicaid Services (“CMS”) announced that it would begin referencing the CDC’s Table 1: Life Table for the total population: United States, 2014, for WCMSA life expectancy calculations. Any WCMSA proposals received on or after December 11, 2017, or reopened on or after that date, will be … Continue reading CMS Announces Updated Life Tables
Ohio House passes legislation barring undocumented workers from receiving benefits. How has this played out in other states?
On Tuesday the Ohio House voted 62-30 in favor of legislation that would block undocumented workers injured on the job from collecting workers' compensation benefits. The bill now moves to the Ohio Senate. A link to the full text of the House Version of the Bill from the Ohio Legislature's website can be found here. The … Continue reading Ohio House passes legislation barring undocumented workers from receiving benefits. How has this played out in other states?
Back to the baseline-terminating payments for a substantial aggravation
In 2006 the Ohio legislature changed the law regarding allowances for pre-existing conditions that are aggravated by a work injury. Specifically, the legislature amended O.R.C. 4123.01 to require that in order to be compensable, the pre-existing condition must have been "substantially aggravated" by the work injury. A substantial aggravation must be documented by "objective diagnostic findings, objective … Continue reading Back to the baseline-terminating payments for a substantial aggravation
I Can Get Permanent Partial And Permanent Total Disability In The Same Claim Can’t I? The Ohio Supreme Court Emphatically Says No
In State ex rel. Ohio Presbyterian Retirement Services v. Indus. Comm. the Ohio Supreme Court addressed injured workers' ability to receive permanent partial disability ("PPD") compensation in workers' compensation claims for which they had already been awarded permanent total disability ("PTD"). When the case was initially addressed by the Court, it determined that when an injured worker … Continue reading I Can Get Permanent Partial And Permanent Total Disability In The Same Claim Can’t I? The Ohio Supreme Court Emphatically Says No
Dealing With Medicare And Medicaid Liens When Settling A Workers’ Compensation Claim
Most people in the workers' compensation business are now well aware of the need to consider Medicare's interests when settling any workers' compensation claim. One thing that often goes unnoticed however, is the fact that Medicaid may also have an interest in a workers' compensation settlement. This is a brief overview of both programs, with … Continue reading Dealing With Medicare And Medicaid Liens When Settling A Workers’ Compensation Claim
Can You Still Schedule That Permanent Partial Disability Exam You’ve Been Putting Off?
A client recently approached us after they weren't able to get a Permanent Partial Disability ("PPD") examination scheduled until after the first level (District Hearing Officer "DHO") hearing. My first instinct was that they were out of luck. After looking into the matter further however, that wasn't necessarily the case. The rules in Ohio regarding PPD … Continue reading Can You Still Schedule That Permanent Partial Disability Exam You’ve Been Putting Off?
Poll Released On Providing Workers’ Compensation To Undocumented Workers
I previously posted about Ohio House Bill 380, which was introduced in the Ohio Legislature in October of this year. The bill would prevent anyone not legally residing in the United States from receiving workers’ compensation benefits. Similar language was included in the workers’ compensation bill signed by Governor Kasich on June 30, 2017 but was removed … Continue reading Poll Released On Providing Workers’ Compensation To Undocumented Workers
Ohio Supreme Court Holds That Workers Cannot Voluntarily Dismiss Employers’ Court Appeals
On September 28, 2017 the Ohio Supreme Court released its decision in Ferguson v. State, Slip Opinion No. 2017-Ohio-7844. The Court rejected a lower court decision which held that the “consent provision” of R.C. § 4123.512(D), which requires employers to consent to workers’ voluntary dismissal of employer court appeals, was unconstitutional. Under Ohio law, both … Continue reading Ohio Supreme Court Holds That Workers Cannot Voluntarily Dismiss Employers’ Court Appeals
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