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Tenth District Court of Appeals Upholds VSSR Award in Employee’s Favor
In Pennant Moving, Inc. v. Indus. Comm., Inc., 10th Dist. No. 11AP-942, 2013 – Ohio – 3259, a claimant was injured working on a press with a two-hand control. The machine malfunctioned and cycled when he had only one hand on the press. The claimant filed for and received a VSSR award.
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SMART Act Establishes Statute of Limitations on Conditional Payment Recovery
On July 10, 2013, the Strengthening Medicare and Repaying Taxpayers (“SMART”) Act went into effect. A major component of the law establishes a statute of limitations for recovery of Medicare conditional payments by the Center for Medicare and Medicaid Services (“CMS”). Because CMS is a secondary payer of medical benefits, “conditional payments” are medical payments made by CMS, which are the primary responsibility of another provider.
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6th Cir. Upholds Employer “No Call/No Show” Policy Over Claimed FMLA Violation
In Srouder v. Dana Light Axle Mfg., the 6th Circuit Court of Appeals was faced with an employer that terminated an employee for “no call/no show” after four days of absence preceding hernia surgery. The employee argued his discharge, which occurred while he was preparing for surgery, violated his FMLA rights.
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Rob Solt to Discuss Workers’ Comp on Radio Show: Listen to it Live!
Rob Solt will be on the radio as a guest of Gary Rathbun of Private Wealth Consultants on 1370 WSPD this Thursday, August 29, 2013 between 6:00 p.m. and 7:00 p.m. Rob will be discussing workers’ compensation issues that affect Ohio employers. Please tune in to “Eye on Your Money” for an interesting discussion of Ohio workers’ compensation. If you can’t listen live, you can always listen to the podcast after September 2, 2013 at http://www.privatewealthconsultants.
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6th Cir. Finds Registered Nurses Were Supervisors Not Entitled to Union Representation
In GGNSC Springfield LLC v. NLRB, the 6th Circuit Court of Appeals overturned an NLRB determination that an employer violated federal labor law. Twelve registered nurses (RNs) voted to have the AFL-CIO represent them. However, their employer refused to negotiate with the union because it considered the nurses “supervisors” who are, under federal law, prohibited from unionizing.
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