-
Featured Item
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.
Read more
Comp Connection
Light Duty Job Offers Need Not Be In Writing When Defending Against A New Period Of TTD
In State ex rel. Mercy Health v. Indus. Comm. of Ohio, 10th Dist. No. 18AP-64, 2019-Ohio-1859 claimant was injured in 2017 and her claim was allowed for strains to the lumbar region and left wrist. The physician assistant treating the claimant completed a Medco-14 certifying she could not return to her former position of employment but could return to work with restrictions as of May 18, 2017.
Read more
Ohio House Passes House Bill 80
On June 5, 2019, the Ohio House passed a workers’ compensation budget bill which included a requirement that claimants reveal their citizenship status on the claim application. Providing false information in response to this question would result in an ineligibility to participate in the fund and possibly criminal prosecution for fraud.
Read more
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.
Read more
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.
Read more
Labor, Employment, and Workers’ Compensation Seminar
Join our experienced labor, employment, and workers’ compensation attorneys for a full day of free interactive learning.
Read more
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.
