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
The Center for Medicare and Medicaid Services ("CMS) recently included generic versions of Oxycodone and Lyrica in its "Red Book". The "Red Book" is the pricing source for prescription medications utilized by CMS when evaluating whether an appropriate amount has been set aside to cover future medical expenses in a settlement of a workers' compensation … Continue reading Dust off That Medicare Set-Aside Evaluation-Oxycodone and Lyrica Prices Have Dropped
As we all know, to be compensable under Ohio Workers' Compensation law an injury must have occurred "in the course and scope of employment". Both parts of the test must be met. The Ohio Supreme Court developed a two part approach to the course and scope of employment analysis. To determine whether an injury occurred … Continue reading Are You Smarter Than a Workers’ Compensation Attorney?
Legislation passed earlier this year by the Ohio House of Representatives funding the Bureau of Workers' Compensation also included a number of substantive changes to Ohio's Workers' Compensation laws. Those changes included: providing coverage for First Responders with Post-Traumatic Stress Disorder even in the absence of a physical injury; amending the First Report of Injury … Continue reading Ohio’s BWC Budget Bill Has Finally Passed. What’s Changed? Not Much.
Ohio law has long held that employees are not covered under the workers' compensation system for mental conditions that do not arise from a physical injury. Provisions in the BWC budget bill (Sub. H. B. No. 80-passed by the Ohio House on June 5, 2019) could change that. If Ohio legislators watch "Tomb Raider: The … Continue reading PTSD Claims for First Responders: Opening Pandora’s Box?
On May 20, 2019 Governor Mike DeWine and Bureau of Workers' Compensation (“BWC”) Administrator/CEO Stephanie McCloud proposed giving $1.5 billion to Ohio employers this year following strong returns on the agency’s investments. So, what do Ohio employers need to do to participate? Good news, you can hit the "easy button" on this one. You don't … Continue reading Claim Your Piece of the Ohio BWC’s $1.5 Billion Rebate
Workers compensation attorneys know that for our clients, the best claim is a settled claim. With that in mind, I reached out to Teddy Snyder, who specializes in workers' compensation mediation, for some simple tips on how attorneys and claims professionals can maximize their chances of success at mediation. The following text comes from a … Continue reading Think Like a Mediator to Settle Your Workers’ Compensation Claim
The first thing you need to figure out when deciding whether a workers' compensation claim is compensable is whether the injury "arose out of" and whether it occurred "in the course and scope of" the injured worker's employment. As the title of this post suggests, according to one Ohio court, employees can be in the … Continue reading Injured on the Way to Breakfast? According to This Court, You’ve Got Yourself a Workers’ Compensation Claim
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