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Bureau Rule Restricting Opioid Use Effective January 1, 2018
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.
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Comp Connection
Second District Court of Appeals Rules on Parking Lot Fight
The mere fact that an injury occurs on company property during or near an employee’s work shift does not mean the injury is compensable under Ohio law. Employers should be mindful to scrutinize all potential claims to determine whether the alleged injury occurs in the course of or arises out of employment. A recent decision from the Second District Court of Appeals illustrates this point.
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In Garner v. Bur. of Work. Comp., 2nd Dist. Case No.
Supreme Court Holds Mandamus is Appropriate When Commission’s Continuing Jurisdiction is Challenged
When the Commission issues a decision on the allowance of a claim or an additional condition, such a decision is appealable to a common pleas court under R.C. 4123.512.
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Court of Appeals Finds A Logger is an Independent Contractor
Independent Contractor status always depends on the facts of the case. The important question for the Commission or a court is whether the worker has control over the means and manner of the work.
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In Green v. Bur. Of Work. Comp., 2018-Ohio-2618, the 4th District Court of Appeals examined whether there was sufficient evidence to find that a logger was an independent contractor, as opposed to an employee under the workers’ compensation law.
Industrial Commission Updates Adjudications Before the Industrial Commission
The Industrial Commission updated Policy Memos D8 and S11, effective July 30, 2018.
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Memo D8 pertains to acceptable certification for temporary total disability compensation. As a general rule, compensation must be certified by doctors, chiropractors, and psychologists. However, during the first 6 weeks after an injury, a certified nurse practitioner, clinical nurse specialist, or physician assistant may provide certification of disability.
10th District Court of Appeals Finds Radiculitis May Be a Compensable Condition
In Ellis v. Columbus Developmental Center, 2018-Ohio-933, the claimant moved to allow her claim for lumbar radiculitis, as well as lumbar disc herniations at two levels. Administratively, the Commission denied the claimant’s motion, leading the claimant to appeal to court pursuant to R.C. 4123.512.
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