On June 5, 2019, the Ohio House passed a workers’ compensation budget bill which included a requirement that claimants reveal their citizenship status on the claim application. Providing false information in response to this question would result in an ineligibility to participate in the fund and possibly criminal prosecution for fraud.Read more
In Automation Tool & Die, Inc. v. Medina Hospital, et. al., 9th Dist. No. 19CA009-M, a nurse practitioner was filling out forms requesting treatment and additional conditions using Dr. Terry’s rubber-stamped signature. The company later found claimant was working while receiving temporary total disability compensation and the additional allowances were vacated by the Commission. The company then filed a complaint against the hospital and Dr.Read more
In State ex rel. Mercy Health v. Indus. Comm. of Ohio, 10th Dist. No. 18AP-64, 2019-Ohio-1859 claimant was injured in 2017 and her claim was allowed for strains to the lumbar region and left wrist. The physician assistant treating the claimant completed a Medco-14 certifying she could not return to her former position of employment but could return to work with restrictions as of May 18, 2017.Read more
Res Judicata is a legal concept which can be confusing to legal practitioners, especially in the area of workers compensation. Res judicata is Latin and literally translates to “a matter adjudged.” Res judicata bars re-litigation of a matter finally adjudicated by a court of competent jurisdiction involving the same parties and the same transaction or occurrence. The doctrine bars all claims that were or could have been raised in the prior action.Read more
On Sept. 1, 2011, the Ohio Bureau of Workers’ Compensation (BWC) implemented the outpatient medication formulary rule for the pharmacy program. The formulary contains a list of drugs the BWC will cover when prescribed for allowed conditions in an approved claim. The Pharmacy & Therapeutics Committee maintains the list, and regularly reviews and updates it. Drugs not previously reviewed by the committee and listed in the formulary are not eligible for coverage by BWC.Read more
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Adventures in Workers’ Compensation takes the audience through a choose your own journey experience in processing a workers’ comp claim. Audience members will evaluate and decide on issues including: certification, independent medical examinations, substantial aggravation, compensation issues, court, and settlement.