The opioid epidemic in this country, and particularly in Ohio is no secret. In 2016, the Ohio Bureau of Workers’ Compensation promulgated a groundbreaking rule addressing opioid prescriptions to help curtail opioid addiction among injured workers. The rule, Ohio Admin.Code 4123-6-27.7, is designed to encourage physicians to incorporate best clinical practices when prescribing opioids for treating injured workers, especially those in the chronic phase of pain management.Read more
When the Commission issues a decision on the allowance of a claim or an additional condition, such a decision is appealable to a common pleas court under R.C. 4123.512.Read more
Independent Contractor status always depends on the facts of the case. The important question for the Commission or a court is whether the worker has control over the means and manner of the work.
In Green v. Bur. Of Work. Comp., 2018-Ohio-2618, the 4th District Court of Appeals examined whether there was sufficient evidence to find that a logger was an independent contractor, as opposed to an employee under the workers’ compensation law.
The Industrial Commission updated Policy Memos D8 and S11, effective July 30, 2018.
Memo D8 pertains to acceptable certification for temporary total disability compensation. As a general rule, compensation must be certified by doctors, chiropractors, and psychologists. However, during the first 6 weeks after an injury, a certified nurse practitioner, clinical nurse specialist, or physician assistant may provide certification of disability.
In Ellis v. Columbus Developmental Center, 2018-Ohio-933, the claimant moved to allow her claim for lumbar radiculitis, as well as lumbar disc herniations at two levels. Administratively, the Commission denied the claimant’s motion, leading the claimant to appeal to court pursuant to R.C. 4123.512.Read more
In Seaton v. City of Willoughby, 2018-Ohio-77, an employee of the City of Willoughby, who was an operator of an asphalt roller, died while working on a paving project to patch potholes. While parked on a hill, the asphalt roller unexpectedly began to roll down a hill, causing the employee to jump off the roller. The employee hit his head and he subsequently died from his injuries. The administrator of his estate filed a wrongful death action.Read more