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Court of Appeals Finds Employer’s Failure to Follow its Own Drug Policy Precludes Finding of Voluntary Abandonment
In State ex rel. Stallion Oilfield Construction, LLC v. Indus. Comm., 2019-Ohio-3174, the claimant had an allowed workers’ compensation claim for a back strain. The claimant returned to work in a light duty capacity. Pursuant to the company’s policy, the claimant submitted to a random drug test, which revealed positive test results for morphine, codeine, and opiates. Under the company’s work rules, an employee will be terminated if a drug test is positive.
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Comp Connection
The Courts Address the Challenging Doctrine of Res Judicata
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.
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Painkiller Oxycontin to be Removed from BWC Formulary
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.
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Labor, Employment, and Workers’ Compensation Seminar
Join our experienced labor, employment, and workers’ compensation attorneys for a full day of free interactive learning.
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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.
Second District Court of Appeals Rules on Parking Lot Fight
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.
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In Garner v. Bur. of Work. Comp., 2nd Dist. Case No.
Supreme Court Holds Mandamus is Appropriate When Commission’s Continuing Jurisdiction is Challenged
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.
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Events
- May 6-10 is the 6th Annual National Safety Stand-Down To Prevent Falls in ConstructionRead more
