The opioid epidemic in this country, and particularly in Ohio is no secret. In 2016, the Ohio Bureau of Workers’ Compensation promulgated a groundbreaking rule addressing opioid prescriptions to help curtail opioid addiction among injured workers. The rule, Ohio Admin.Code 4123-6-27.7, is designed to encourage physicians to incorporate best clinical practices when prescribing opioids for treating injured workers, especially those in the chronic phase of pain management.Read more
Injuries which occur outside the employer’s premises generally create challenges for the Commission and courts attempting to determine compensability. The workers’ compensation statute requires that injuries occur “in the course of” employment and “arise out of employment” to be compensable.Read more
Permanent total disability compensation is compensation of last resort and can be awarded only upon a showing by the claimant that he/she is incapable of sustained remunerative employment. Although neither the workers’ compensation statute nor the administrative rules define sustained remunerative employment, the Ohio Supreme Court has held that part-time work may constitute sustained remunerative employment.Read more
At the beginning of the month, we circulated the video clip above from the movie the Santa Clause, in which Santa falls off a roof and appears to sustain injuries. We posed the question: does Santa have a compensable workers’ compensation claim in Ohio? We received several interesting responses, which reflect the difficulty in analyzing what appears to be a simple claim.
The starting point in the analysis is R.C. 4123.
Effective September 7, 2017, Ohio Admin.Code 4121-15-03 and 4121-3-18 were amended.
Ohio Admin.Code 4121-15-03 governs the standards of conduct (i.e. ethical conduct) of Commission and Bureau employees, and follows the provisions of the Ohio ethics law contained in Chapters 102 and 2921 of the Revised Code. Under Ohio Admin.
In a decision which is extremely favorable to employers, the Ohio Supreme Court found the “consent provision” in R.C. 4123.512(D) constitutional, which means claimant must obtain an employer’s consent before voluntarily dismissing an employer-initiated appeal under Civ.R. 41(A).
Ferguson v. State of Ohio, 2017-Ohio-7844 began as a declaratory judgment action in the Cuyahoga County Court of Common Pleas challenging the constitutionality of the consent provision of R.C. 4123.