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?

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

Does Ohio’s New Standard Medical Release Form Apply to Workers’ Compensation Claims?

Those of you involved in workers' compensation claim administration know how frustrating it is to obtain medical records.  More and more providers are refusing to release records without a form specific to their facility, even with a signed Ohio Bureau of Workers' Compensation release.  A new Ohio Administrative Code Section has finally addressed that issue, … Continue reading Does Ohio’s New Standard Medical Release Form Apply to Workers’ Compensation Claims?

New Study Shows How Approving Physical Therapy Can Reduce Medication Costs in a Workers’ Compensation Claim

I always encourage my clients to approve requests for physical therapy as often as possible.  It has been my experience that having injured workers participate in physical therapy gets them over their injuries and back into the workforce fairly quickly.  That’s a win-win situation.  A new study by researchers at the Stanford University School of … Continue reading New Study Shows How Approving Physical Therapy Can Reduce Medication Costs in a Workers’ Compensation Claim

2018 Workers’ Compensation Top Ten

While it may not be as exciting as other 2018 top ten lists you've seen, here are 10 of the most significant developments in Ohio Workers' Compensation law in 2018. Klein v. Precision Excavating & Grading Co., 2018-Ohio-3890 In the Klein case, the Supreme Court specifically overruled its decisions in State ex rel. Reitter Stucco, … Continue reading 2018 Workers’ Compensation Top Ten

Can Someone Receive Workers’ Compensation Benefits for Injuries Sustained in a Fight?

As you are probably aware, in order for an injury to be covered by workers’ compensation, there must be a causal relationship between the injuries and the employee’s job duties.  Specifically, Ohio courts require both that the injury occur “In the Course” of Employment ( looking at the time, place, and circumstances of the accident); … Continue reading Can Someone Receive Workers’ Compensation Benefits for Injuries Sustained in a Fight?