As we recently reported, President Donald Trump signed the Families First Coronavirus Response Act (FFCRA) to provide paid Family Medical Leave (FMLA) and paid sick leave to families affected by the COVID-19 pandemic. Although the law provides a number of protections to American workers, it also has a few gaps. One gap in the FFCRA, for example, is that it does not apply to employers of 500 or more employees.
Continue Reading New York becomes first state to enact paid sick leave law in response to the COVID-19 pandemic

On March 19, 2020, the Ohio Bureau of Workers’ Compensation (BWC) issued some guidance to employers and employees to explain how the BWC is continuing to operate during this crisis. The BWC is continuing to process claims. For employers, the present changes may result in increased claim costs attributed to their risk. The BWC is permitting benefits to continue while suspending some of the employees’ requirements to maintain those benefits.
Continue Reading Ohio BWC guidance for employers during COVID-19 outbreak

Presently there are many uncertainties surrounding the coronavirus outbreak. It is certainly possible employees will allege they contracted coronavirus while at work. Given that the United States has not experienced a pandemic in a significant period of time, this is a gray area for employers. Most states do not have specific legislation addressing this situation.

In general, any illness, injury or occupational disease could be a compensable claim if it arises out of the course and scope of the employee’s employment. The difficulty is that it is likely impossible to determine with certainty as to where the employee contracted the disease. Workplaces with significant public contact may see a rise in such claim applications.
Continue Reading Workers’ compensation implications of COVID-19 in the workplace

The Ohio House of Representatives passed a two year $645 million workers’ compensation budget on June 5, 2019. As part of the budget bill, a provision was added that requires anyone who files an application for a workers’ compensation claim through the Ohio Bureau of Workers’ Compensation, to identify themselves as either a U.S. citizen,

The Ohio Bureau of Workers’ Compensation (BWC) hosts monthly webinars for employers to learn more about workers’ compensation topics. The brief webinars help employers stay up to date on developments in the workers’ compensation system. You can visit the employer webinar webpage on the Ohio BWC website to learn more about upcoming webinars and register to attend.

In addition, the BWC is hosting its Fourth Annual Workers’ Compensation Medical and Health Symposium on April 26-27, 2019 at the Great Columbus Convention Center.  There is no cost to attend.

Attendees of the provider clinical education track will have access to state and national medical experts. These experts will speak on topics such as:
Continue Reading Resources and events for employers offered by the Ohio Bureau of Workers’ Compensation

On Sept. 27, 2018,the Ohio Supreme Court took the unusual step of overturning two prior decisions in an attempt to clarify a confusing aspect of workers’ compensation law. A long-standing tenet of workers’ compensation law, temporary total disability compensation, is intended to compensate an injured worker when they are unable to work due to a work-related injury. To be entitled to temporary total disability compensation, an injured worker must be medically unable to work and the inability to work must be caused by the work injury.

One exception to this rule, and a defense routinely used by employers, is the voluntary abandonment of employment doctrine. In essence, when relying on this defense, the employer argues the injured worker’s own actions caused his or her loss of compensation rather than the work incident and therefore they would not be entitled to compensation. Previously, the Supreme Court limited the scope of this defense by holding that if an injured worker was disabled due to the work injury at the time of the separation of employment, the injured worker remained entitled to temporary total disability compensation.
Continue Reading Voluntary abandonment doctrine strengthened by Ohio Supreme Court

The Ohio Supreme Court has definitively decided that an employee cannot unilaterally dismiss an employer-initiated appeal in a workers’ compensation case; rather, the employer must consent to the dismissal.

After a workers’ compensation claim proceeds administratively before the Industrial Commission, any party may appeal the Commission’s decision to permit the employee to participate in the workers’ compensation system to the Court of Common Pleas. After an appeal is filed, the employee must file a petition/complaint within 30 days.

Regardless of which party files the appeal, the employee is the plaintiff in the workers’ compensation case. While the court case is proceeding on an employer-initiated appeal, the employee continues to receive workers’ compensation benefits. However, should the court reverse the Industrial Commission’s decision and deny the claim, the employer receives a refund of costs previously paid to the employee.
Continue Reading Workers’ compensation law aiming to reduce appeal time is constitutional

Recently, Gov. Kasich signed into law the workers’ compensation budget. In addition to funding the Ohio Bureau of Workers’ Compensation (BWC), the bill enacted a number of substantive changes to the law. These changes are effective Sept. 29, 2017. Below are some of the significant amendments impacting Ohio employers:

  • Decreases statute of limitations: For claims

In its recent decision, Clendenin v. Girl Scouts of W. Ohio, the Supreme Court of Ohio definitively decided that an Industrial Commission order determining that a pre-existing condition that was substantially aggravated by a work-related incident has returned to the pre-injury level is an issue that may not be appealed to a court of common pleas.

While working for the Girl Scouts of Western Ohio, Audrey Clendenin (Clendenin) was injured on Oct. 21, 2008. Her claim was recognized for multiple right shoulder conditions as well as substantial aggravation of pre-existing dermatomyositis, a rare inflammatory disease. In March 2013, the Ohio Bureau of Workers’ Compensation (BWC) filed a motion to abate the claim for the substantial aggravation condition. The Industrial Commission granted the motion, finding that compensation and medical benefits were no longer to be paid in the claim for the allowed substantial aggravation condition.Continue Reading Some clarity: The Supreme Court of Ohio definitively decides procedure for abatement of substantial aggravation conditions