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
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
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