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Ohio BWC COVID-19 Updates
Industrial Commission Votes Unanimously to Expand Docket to All Issues
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As we previously reported, the Industrial Commission of Ohio limited the types of hearings that could be heard in response to the coronavirus pandemic and subsequent transition to telephone hearings. The Industrial Commission held a Special Meeting June 3 at 10:00 am to determine if it will expand the limited docket to include additional issues.
Comp Connection
Claimant’s Evidence Without a Physician’s Opinion on Impairment Insufficient to Support a Loss of Vision Award
BY: Janelle Matuszak, Esq.
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In State ex rel. Beyer v. Autoneum North America, ___Ohio St.3d ____, 2019-Ohio-3714, claimant had an allowed claim for pneumoconiosis as a result of exposure to silica. His treatment included long-term corticosteroid use which caused cataracts. His claim was additionally allowed for bilateral cataract syndrome on a flow-through basis. The claimant filed a motion for a loss of vision of the right eye award pursuant to R.C. 4123.
Governor Appoints Jim Hughes Chairman of the Industrial Commission
Effective July 1, 2019, Jim Hughes began a six-year term as chairman and the employee member of the Industrial Commission, replacing Thomas (Tim) Bainbridge. The Chairman oversees all administrative functions at the Commission in addition to adjudicating matters with the employer and public members of the Commission. Mr. Hughes’ background includes serving in the Ohio House of Representatives, the Ohio Senate, and various legislative committees.
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Court of Appeals Finds Employer’s Failure to Follow its Own Drug Policy Precludes Finding of Voluntary Abandonment
In State ex rel. Stallion Oilfield Construction, LLC v. Indus. Comm., 2019-Ohio-3174, the claimant had an allowed workers’ compensation claim for a back strain. The claimant returned to work in a light duty capacity. Pursuant to the company’s policy, the claimant submitted to a random drug test, which revealed positive test results for morphine, codeine, and opiates. Under the company’s work rules, an employee will be terminated if a drug test is positive.
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Supreme Court Holds the Commission Must Address Whether a Job Offer is Made in Good Faith in Determining a Request for TTD Compensation
In State ex rel. Pacheco v. Indus. Comm., 2019-Ohio-2954, the claimant sustained a work injury for which he received TTD compensation. The employer offered the claimant light duty employment, which consisted of sitting in the company cafeteria performing no work.
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Ninth District Court of Appeals Holds Employer Cannot Sue A Provider For False/Misleading Information As To A Claimant’s Disability
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.
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Events
- The Path Forward: Legal & Safety Considerations to Prepare Your Workplace for Return Amid the COVID-19 PandemicRead more
