In Said v. Admin, BWC, 2014-Ohio-841, a widower filed a claim for death benefits on account of the suicide of his wife. The widower appealed a fraud finding, which pertained to the death claim to the trial court. During the pendency of the case, the widower and the Bureau agreed to settle the claim and under the terms of the settlement agreement, the Bureau was to collect a substantial overpayment.Read more
By: Robert P. King, Esq. Proper Use of an IME.pdf
Let’s consider a relatively common fact pattern. You have a 58 year old male claimant with a 10 year history of low back problems. An MRI was done 3 years ago after the claimant fell on the ice at home and the MRI revealed the claimant has degenerative problems in his low back. On the date of injury, the claimant bent over to pick up a 5 pound box of parts and felt a “twinge” in his low back.
Upon the death of a workers’ compensation claimant (“decedent”), the administrator of the decedent’s estate filed an application for accrued PTD benefits under R.C. 4123.60. The Commission denied the application, finding among other things that the decedent had vocational factors negating the payment of a PTD award. The estate filed a mandamus action, which the court of appeals denied on the ground there was some evidence to support the Commission’s order.Read more
In State ex rel. Oldaker v. Indus. Comm., 2014-Ohio-470, a firefighter with an allowed workers’ compensation claim, was unable to return to his job because of permanent restrictions from his injuries. The firefighter began a job search and filed a wage loss application with the Industrial Commission. After about 5 weeks, he had contacted 37 employers, but received no job interviews. Thereafter, he took a job working for his wife as a deer herder at a substantial pay cut.Read more
By: Mark Barnes, Esq.
Because of the high costs associated with managing Ohio’s workers’ compensation system, employers want results. In other words, Ohio employers want to win more claims, plain and simple. But, how does an employer do this? “How to win more claims” is a nebulous question.
Practitioners in the workers compensation arena recognize the difficulty in measuring a “win” in a process that is designed to provide benefits to the “injured worker.