The Tenth District Court of Appeals has thrown a curveball to Ohio employers by limiting a defense to temporary total disability compensation following the termination of an employee.
Philadelphia Eagles lose workers’ comp appeal before Super Bowl
Not only did the Philadelphia Eagles lose Super Bowl LVII, earlier this month the Eagles lost their multiyear effort to oppose former player Emmanuel Acho’s application for a workers’ compensation claim.
Continue Reading Philadelphia Eagles lose workers’ comp appeal before Super Bowl
Ohio updates workers’ compensation laws for remote workers
Over two years after the COVID-19 pandemic began and many employees switched from coming into a workplace to working at home, Ohio has amended the workers’ compensation laws to reflect the current work environment. Effective Sep. 21, 2022, this new legislation expands the definition of a compensable workplace injury to include some injuries sustained within the employee’s home, if certain criteria are met.
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Supreme Court considering granting certiorari in workers’ compensation medical marijuana cases
Medical marijuana is being legalized in an increasing number of states, which will have an impact on a variety of employment issues, including workers’ compensation. The Supreme Court appears to be considering providing clarity to employers and employees alike regarding payment for medical marijuana in workers’ compensation claims.
Continue Reading Supreme Court considering granting certiorari in workers’ compensation medical marijuana cases
Bio-shocked: In Illinois, workers’ comp not exclusive remedy for claims involving employee biometrics
Employers beware: A recent holding out of Illinois has determined that employees may sue employers who collect and/or disclose employees’ biometric data.
Continue Reading Bio-shocked: In Illinois, workers’ comp not exclusive remedy for claims involving employee biometrics
The Ohio Legislature and dueling bills: Vaccinations and Ohio workers’ compensation
On Sept. 27, 2021, we posted about Ohio House Bill 401 and the potential for employers to lose workers’ compensation immunity for injuries incurred as a result of a mandatory vaccination. The bill would create a separate cause of action under Ohio law for persons allegedly injured as a result of an employer-mandated COVID-19 vaccine.
On Oct. 7, 2021, the Ohio House Labor and Commerce Committee held its second informal hearing on a separate but related piece of legislation, House Bill 435. The bill expressly provides that an injury covered under the Ohio Workers’ Compensation Act includes an injury or disability caused by an employer-mandated COVID-19 vaccine.
Continue Reading The Ohio Legislature and dueling bills: Vaccinations and Ohio workers’ compensation
Will we say goodbye to workers’ compensation immunity for mandatory COVID vaccination-related damages?
Keeping an eye on Ohio House Bill 401
Even as the federal government has moved toward mandating COVID vaccination by many employers, a bill introduced in the Ohio legislature, if passed, would eliminate workers’ compensation immunity and expose employers to potential liability for injuries incurred as a result of a mandatory vaccination.
Continue Reading Will we say goodbye to workers’ compensation immunity for mandatory COVID vaccination-related damages?
Updates on Ohio workers’ compensation hearings: WebEx has arrived
After a year of conducting workers’ compensation hearings in Ohio via a teleconference bridge, on April 19, 2021, the Ohio Industrial Commission switched its hearing format to the WebEx platform. The format switch was necessitated by connection problems with the previous teleconference bridge.
Continue Reading Updates on Ohio workers’ compensation hearings: WebEx has arrived
Five things employers should know about Ohio BWC dividends
In response to a request from Gov. Mike DeWine, the Ohio Bureau of Workers’ Compensation (BWC) has issued $5 billion in dividends to eligible private and public employers. This was the third round of BWC dividends issued to lessen the burdens of COVID-19 on Ohio employers. We’ve answered the five most common questions on the issuance.
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Vaccine policies and workers’ compensation
The attorneys behind the Employer Law Report Blog present the second blog in our three-part series on the COVID-19 vaccine and employer considerations.
The COVID-19 vaccination process has begun in the U.S., but at this point, the COVID-19 vaccine is not widely available to most employees. As explored in Part 1 of our series on the COVID-19 vaccine, many employers are deciding whether to require or incentivize their employees to obtain the vaccination. In addition to the issues raised in those posts, employers need to consider the implications of the workers’ compensation system in developing vaccination policies and procedures.