Review Does Not Mean Reweigh

Recently, in State ex rel. Turner Constr. Co. v. Indus. Comm., 142 Ohio St.3d 310, 2015-Ohio-1202, an employer requested a writ of mandamus that would compel the Industrial Commission to vacate an order of permanent-total disability compensation to a former employee. In this case, the employee had several previous workers’ compensation claims, but only a … Continue reading Review Does Not Mean Reweigh

Traveling Fixed-Situs Employees?

Is an employee who travels to different job sites on a daily basis a fixed-situs employee subject to the “coming and going rule” for the purposes of determining whether he or she is entitled to workers’ compensation? If so, does the “special hazard exception” apply? Recently, in Palette v. Fowler Electric Co., 2014-Ohio-5376 (2014), the … Continue reading Traveling Fixed-Situs Employees?

Scheduled Loss for Your Limbs

Losing the use of a body part, no matter how big or small can have a great impact on a person’s life. In order to compensate a claimant for such scheduled losses,  R.C. 4123.57(B) assigns specific values depending on the extent of the injury. For example, the loss of the third or distal phalange of … Continue reading Scheduled Loss for Your Limbs

How do Workers’ Compensation Payments Affect My Disability Benefits?

Disability payment you receive from workers’ compensation and/or another public disability payment may reduce you and your family’s Social Security benefits. Your Social Security disability benefit will be reduced so that the combined amount of the Social Security benefit you and your family receive plus your workers’ compensation payment and/or public disability payment does not … Continue reading How do Workers’ Compensation Payments Affect My Disability Benefits?

Workers’ Compensation: Quicker Access to Prescriptions Coming Soon

Recently, the Ohio Bureau of Workers’ Compensation adopted a new rule that is meant to help injured workers access medications needed to treat their injuries faster than before. The new rule allows injured workers to get their prescriptions filled while their claim is being processed. This new rule is especially important to those workers’ who … Continue reading Workers’ Compensation: Quicker Access to Prescriptions Coming Soon

Pre-Injury Infractions and TTD

An injured workers’ voluntary abandonment of their former position of employment can preclude temporary total disability compensation. State ex rel. Rockwell Internatl. v. Indus. Comm., 40 Ohio St.3d 44 (1988). Moreover, when an employer fires an employee, it can still constitute a voluntary abandonment. However, State ex rel. Gross v. Indus. Comm., 115 Ohio St.3d … Continue reading Pre-Injury Infractions and TTD

MMI & “Maintenance” Treatment

Once an employee reaches maximum medical improvement (“MMI”), payments for temporary total disability must stop. R.C. 4123.56. MMI is a treatment plateau, when no fundamental functional or physiological change can be expected within reasonable medical probability. Ohio Adm. Code 4121-3-32(A)(1). One thing to note is that an injured worker can receive supportive treatment to maintain … Continue reading MMI & “Maintenance” Treatment

Fired or Abandoned?

On June 3, 2009 an employee injured himself while working as a mechanic. He was later diagnosed with a sacroiliac joint sprain/strain. He was released to work six days later with the ability to work in a light duty capacity. Upon returning, the employer confirmed that the employee could return to light-duty work and asked … Continue reading Fired or Abandoned?

Employee v. Independent Contractor

In order to limit exposure under a state workers’ compensation act, employers often attempt to classify new hires as “independent contractors.” In forming this type of employment, employers often believe that when an employee signs an independent contractor agreement, they are shielded from the liability of workers’ compensation insurance. While these agreements are important, they … Continue reading Employee v. Independent Contractor

Occupational Cancer and Senate Bill 27

Firefighters across Ohio are hoping lawmakers soon pass legislation that will allow them to be compensated if they are diagnosed with cancer while on the job. Currently, cancer rates among firefighters are seven times higher when compared to non-firefighting occupations. Moreover, Ohio is one of the few states where firefighters can’t claim workers compensation for … Continue reading Occupational Cancer and Senate Bill 27

Less Injuries, but Less Help

Recently, less people have been getting injured while on the job. However, those who do get injured are also getting less help. A recent study found that low-wage workers have disproportionately high injury rates, and that those injuries can decrease one’s earnings by up to 15 percent over the 10 years following the accident. There … Continue reading Less Injuries, but Less Help

Overtime Exemption – Automobile Dealerships

The Fair Labor Standards Act (“FLSA”), which governs the minimum wage and overtime pay requirements, contains specific exemptions from overtime pay.  In addition to the traditional “white collar” exemptions for certain executive, administrative, and professional employees, the FLSA has some specific, less-known industry exemptions for automobile dealerships. Here’s a quick overview of one exemption under … Continue reading Overtime Exemption – Automobile Dealerships

First Responders May Be Covered for PTSD

Under recently proposed legislation, emergency responders diagnosed with post-traumatic stress disorder (PTSD) could soon be eligible for workers’ compensation benefits, even if they don’t have physical injuries. This legislation would apply to police, firefighters, emergency medical technicians and other first responders who are diagnosed with PTSD arising from their employment. Currently, these employees cannot recover … Continue reading First Responders May Be Covered for PTSD