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Legislative News: Senate Bill 106

Monday, December 4, 2023

Senate Bill 106 was introduced on April 11, 2023 for consideration. This Bill would add physicians and registered nurses as qualifying professions under the state’s existing law providing testing for first responders exposed to chemicals or bodily fluids who are provided “post-exposure medical diagnostic services, consistent with the standards of medical care existing at the time of the exposure, to investigate whether an injury or 16 occupational disease was sustained.”

State ex Rel Friendship Supported Living, Inc. v. Ohio Bur. Of Workers’ Comp., Slip Opinion No. 2023-Ohio-957.

Wednesday, November 1, 2023

The Supreme Court found in this case that the BWC had abused its discretion by failing to sufficiently account for the factors required in determining whether in-home direct-care workers were employees rather than independent contractors. The Appellee Friendship Supported Living Inc. underwent a premium audit in 2008 and the BWC classified their workers as independent contractors.  An audit in 2017 yielded the exact opposite result, the BWC classifying their direct-care workers as employees, and not independent contractors.  

Friendship Supported Living Inc. protested the BWC’s audit findings to the Adjudicating Committee who determined that they had the “right to control the workers.” They appealed further the Administrator’s Designee who again cited “sufficient control” over the workers to classify them as employees. Friendship Supported Living Inc. filed a complaint for a writ of mandamus requesting that the workers be classified as independent contractors and reimburse them for the premiums it had incurred as the result of the BWC’s classification.  The Court of Appeals granted the writ and ordered that BWC to vacate its order classifying the workers as employees and ordered the BWC to return any premium payments paid on that classification. Rather than adopt the Court of Appeals decision, the Supreme Court noted that the BWC orders’ were not sufficient because they did not consider the totality of circumstances in the light of the relevant factors and order a limited writ to return to the issue to the BWC to specifically, address compliance and quality, workers’ freedom to work for other entities, and routes traveled and length of employment factors.

Not every workers’ compensation claim requires the help of an attorney. But if you need one, choose experience, reputation, and most importantly, someone who understands how you do business.

LL Patterson LLC is founded on the principle of providing clients with exceptional and results oriented service. The singular mission of LLP is to aggressively and exclusively protect Ohio Employers’ rights in workers’ compensation, OSHA, VSSR, and employment related issues. Whether you’re in the medical or healthcare industry, the construction field, education, the corporate world, or small business, the goal remains the same: to reach final closure of your workers’ compensation claim in as little time as possible while minimizing cost.

Lisa L. Patterson understands the complex intricacies of the Ohio workers’ comp system and has sixteen years experience working with this very specific and sensitive form of law. A seasoned Ohio employers’ advocate, she will work to ensure that all parties’ claims are fairly and efficiently executed to protect your interests and assets.