Breaking News!!! (July 2012)
The Industrial Commission changes Continuance Policy over the next 60 days!
On July 10, 2012, the Industrial Commission has issued Resolution No. R12-1-01 modifying the current Continuance rules.
Beginning July 11 through September 8, 2012, hearings will be docketed according to new rules.
Specifically, hearings will no longer be docketed by how many attorneys are designated in a specific office, and conflicting Industrial Commission hearings can no longer be used as a justification for continuances.
The full text of the Resolution is available on the Industrial Commission website. With the impetus for hearings to be held faster, it is crucial that an employer have an immediate defense strategy in place to dispute allowances, additional allowances or treatment authorizations.
Timely evaluation of these issues will lessen the reliance on future continuance requests.
Things Clients Want to Know (NOVEMBER 2011)
What are the benefits I get when I pay salary continuation?
(Wages in lieu of temporary total compensation)
Under MIRA II, Salary Continuation lost its luster?
The joys of salary continuation are waning. Salary continuation was initially the first recommendation to an employer with a lost time claim. Why? Because it allowed the employer to keep its premiums low by not paying temporary total compensation in the claim and suppressing the indemnity reserve. Read More
Case Law Update (NOVEMBER 2011)
Guess my theory of Causation?
Improvise, Adapt and Overcome
Starkey v. Builders FirstSource Ohio Valley, LLC, Slip Opinion No. 2011-Ohio-1571.
Starkey injured his left hip and requested that his claim be allowed for “degenerative osteoarthritis of the left hip.” The condition was granted and the Employer appealed to the Common Pleas Court. Read More
WHAT’S NEW IN OHIO WC? (NOVEMBER 2011)
Effective September 1, 2011, the BWC has instituted its first ever FORMULARY of medications approved
for outpatient treatment of injured workers. Each year the BWC spends approximately, $130 million in prescriptions for injured workers and the formulary is estimated to save the BWC $15 million dollars by the end of calendar year 2012. While relatively few of the exhaustive list of drugs are actually limited at this point, here are some highlights: Read More
Things Clients Want to Know (JULY 2011)
Question: What benefits do employers see in post-accident drug testing?
The Erosion of the Benefits of an Employer’s right to Drug testing:
I. Goodbye Post-Accident Drug Test and Voluntary Abandonment
In 2000, the Supreme Court ruled in State ex rel. Cobb v. Indus. Comm. that a claimant could voluntarily abandon his employment when he violated a company drug policy. A finding of voluntary abandonment operates as a bar to temporary total compensation. The Court specifically indicated that a termination of an employee is deemed to be voluntary if it was generated by an employee’s violation of a written work rule or policy that (1) clearly defined the prohibited conduct; (2) had been previously identified by the employer as a dischargeable offence and (3) was known or should have been known to the employee. Read More