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
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
On April 19, 2018, the Ohio Supreme Court decided a very important case for self-insured employers who have subrogation rights under R.C. 4123.931. In Bur. of Work. Comp. v. Verlinger, 2018-Ohio-148, the claimant filed a workers’ compensation claim for injuries arising from an automobile accident. Initially, the Bureau denied the claim. After referral to the Commission, a district hearing officer disallowed the claim.Read more
Injuries which occur outside the employer’s premises generally create challenges for the Commission and courts attempting to determine compensability. The workers’ compensation statute requires that injuries occur “in the course of” employment and “arise out of employment” to be compensable.Read more
Permanent total disability compensation is compensation of last resort and can be awarded only upon a showing by the claimant that he/she is incapable of sustained remunerative employment. Although neither the workers’ compensation statute nor the administrative rules define sustained remunerative employment, the Ohio Supreme Court has held that part-time work may constitute sustained remunerative employment.Read more
At the beginning of the month, we circulated the video clip above from the movie the Santa Clause, in which Santa falls off a roof and appears to sustain injuries. We posed the question: does Santa have a compensable workers’ compensation claim in Ohio? We received several interesting responses, which reflect the difficulty in analyzing what appears to be a simple claim.
The starting point in the analysis is R.C. 4123.