On Sept. 1, 2011, the Ohio Bureau of Workers’ Compensation (BWC) implemented the outpatient medication formulary rule for the pharmacy program. The formulary contains a list of drugs the BWC will cover when prescribed for allowed conditions in an approved claim. The Pharmacy & Therapeutics Committee maintains the list, and regularly reviews and updates it. Drugs not previously reviewed by the committee and listed in the formulary are not eligible for coverage by BWC.Read more
Res Judicata is a legal concept which can be confusing to legal practitioners, especially in the area of workers compensation. Res judicata is Latin and literally translates to “a matter adjudged.” Res judicata bars re-litigation of a matter finally adjudicated by a court of competent jurisdiction involving the same parties and the same transaction or occurrence. The doctrine bars all claims that were or could have been raised in the prior action.Read more
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Adventures in Workers’ Compensation takes the audience through a choose your own journey experience in processing a workers’ comp claim. Audience members will evaluate and decide on issues including: certification, independent medical examinations, substantial aggravation, compensation issues, court, and settlement.
The mere fact that an injury occurs on company property during or near an employee’s work shift does not mean the injury is compensable under Ohio law. Employers should be mindful to scrutinize all potential claims to determine whether the alleged injury occurs in the course of or arises out of employment. A recent decision from the Second District Court of Appeals illustrates this point.
In Garner v. Bur. of Work. Comp., 2nd Dist. Case No.
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.