To those of you who read this blog regularly, I apologize for the lack of content for the past month of so. Preparing seminar materials and the holidays got in the way of regularly posting. So, in keeping with the title, this post is dedicated to the idea of simply beginning again. It's a concept … Continue reading Simply Begin Again-Starting Up Temporary Total Disability After a Return to Work
The Ohio Supreme Court recently terminated the permanent total disability ("PTD") compensation of a man who was caught performing various horse-training and grooming activities at a racetrack in exchange for a waiver of housing and feeding expenses for the worker’s own horses. In the case, (The State Ex Rel. Seibert v. Richard Cyr, Inc., 2019-Ohio-3341, … Continue reading Just Because You Don’t Get Paid for Working at the Racetrack While You’re off on Workers’ Compensation Doesn’t Mean You Aren’t Committing Fraud, Says the Ohio Supreme Court
In Ohio, an employee is not entitled to temporary total disability compensation if they have "voluntarily abandoned" their employment. Voluntary abandonment is defined as violating a written work rule or policy that: (1) clearly defined the prohibited conduct, (2) was previously identified by the employer as a dischargeable offense, and (3) was known or should … Continue reading If You Deny TTD Because an Employee Was Fired for Failing a Drug Test, You Had Better Be Ready to Produce That Drug Test, According to This Recent Case
A recent Supreme Court case addressed the conditions that must be met in order for an employer to terminate ongoing temporary total disability compensation based upon an offer of light duty employment. Under O.R.C. 4123.56(A), once started, temporary total disability payments continue until: 1) the employee has returned to work; 2) the employee's treating physician … Continue reading Was Your Light Duty Job Offer “Made in Good Faith”?
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
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
Having been recently reminded that sometimes this blog is a bit too “lawyerly” (read boring??), I am going to try and make this case update as exciting as possible. In this case, it will be relatively easy. For starters, the Ohio Supreme Court just reversed itself. More importantly, for those of us who represent employers, … Continue reading “If you quit your job, you can forget about Temporary Total Disability Compensation no matter what” says the Ohio Supreme Court
First off, that title might be a bit misleading. I’m just trying to liven up an extremely dry subject area, so cut me some slack please. Not all nurses can certify temporary total disability compensation. However, according to Industrial Commission Policy Memo D8, updated effective July 30, 2018, during the first six weeks following an … Continue reading How Can Nurses Certify Temporary Total Disability Compensation????