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Monthly Archives: October 2013
  • Tenth District Court Of Appeals Vacates PTD Award

    In State ex rel. Dana Driveshaft Mfg., L.L.C. v. Ford, 10th Dist. No. 12AP-941, 2013-Ohio-4053, the 10th District Court of Appeals vacated the Commission’s PTD award because there was not “some evidence” rendering the claimant permanently and totally disabled as a matter of law.  In granting the PTD award, the Commission relied on two reports authored by the claimant’s treating physician, neither of which report set forth the allowed conditions in the claim.

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  • ICD-10 In Effect As Of October 1, 2013

    Effective October 1, 2013 all HIPAA covered entities must use the ICD-10 codes for processing healthcare services.  During the initial transition period, such entities may need to process claims made before October 1, 2013 under the ICD-9 coding system.  For more information about the ICD-10 implementation, click here.

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  • To Be Successful In A Workers’ Compensation Retaliation Action, The Employee Must Causally Connect The Alleged Adverse Employment Action To The Workers’ Compensation Claim

    In Smoot v. KBO, 2013-Ohio-4079, an employer put an employee on light duty based on concerns about his ability to safely work after reviewing a doctor’s permanent partial disability report.  When the claimant failed to appear for the light duty job, the company terminated the claimant.  The employee later filed a workers’ compensation retaliation action under R.C. 4123.90. The employee alleged the discharge was retaliation his filing for a permanent partial disability award.

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  • Industrial Commission Is Not Bound By AMA Guides In Determining Permanent Partial Disability Awards

    In State ex. rel Campbell v. Indus. Comm., 2013-Ohio-4052, the 10th District court of appeals reviewed whether the Commission is required to rely on the AMA Guides to the Evaluation of Permanent Impairment in determining permanent partial disability awards.   The court of appeals held the Commission is not required to use the AMA Guides, as the manual is only to be used as a reference by examining physicians.  Read the case here.

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  • Ohio Court Finds Woman Who Was Injured In A Parking Lot Does Not Have A Compensable Workers’ Compensation Claim

    In Foster v. Bur. of Workers’ Comp., 2013-Ohio-4075, an employee slipped and fell in a parking lot before work began, injuring her back.  The employee had a fixed place of employment, was not required by the employer to park in any particular parking lot, and had the option to park in a number of different areas.  The employee filed a workers’ compensation claim, which was denied under coming and going rule because the employer lacked control of the parking lot.  Read the case here.

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News

  • The American Rescue Plan – What Does Another Stimulus Bill Mean For Employers?Read more

Events

  • The Path Forward: Legal & Safety Considerations to Prepare Your Workplace for Return Amid the COVID-19 PandemicRead more

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