Last year, we reported on the Tenth District Court of Appeals’ decision limiting employers’ defenses to temporary total disability compensation following the termination of an employee. Recently, the Supreme Court of Ohio reversed the lower court decision and issued a decision favorable for Ohio employers. In State ex rel. AutoZone Stores, Inc. v. Indus. Comm., 2024-Ohio-5519, the Supreme Court clarified when employers may contest an employee’s request for temporary total disability compensation. Continue Reading Ohio Supreme Court clarifies employers’ defenses to temporary total disability compensation in workers’ compensation cases
Rebecca Kopp Levine
Becca helps employers proactively manage their workforce issues to help them reduce their risk and improve the productivity of their workforce. She focuses her practice on defending and managing workers’ compensation claims, including allegations of violations of specific safety rules and permanent total disability claims.
Changes to Medicare set-aside reporting
Employers settling workers’ compensation claims with Medicare beneficiaries are required to take into consideration Medicare’s potential interest. Settling parties obtain a Medicare Set-Aside (MSA) report that designates a portion of the settlement to be set-aside for future medical treatment. This process is to ensure that The Center for Medicare and Medicaid Services (CMS) is not paying for medical treatment that should have been covered by a workers’ compensation claim. Continue Reading Changes to Medicare set-aside reporting
Texas federal court strikes down NLRB’s joint employer rule
Last week, the U.S. District Court for the Eastern Division of Texas struck down the National Labor Relations Board’s 2023 rule changing the standard for establishing whether two affiliated entities are joint employers. Continue Reading Texas federal court strikes down NLRB’s joint employer rule
NLRB joint employer rule delayed
As we discussed in a recent blog post, last year the National Labor Relations Board (NLRB) issued a rule revising the standard for determining a joint employer. The rule was due to go into effect on Dec. 26, 2023, but was delayed when business groups led by the U.S. Chamber of Commerce brought a lawsuit in Texas against the NLRB alleging the rule exceeds the NLRB’s authority. Recently, a Texas federal judge delayed the rule implementation until Mar. 11, 2024 to give the Court additional time to issue a decision. Continue Reading NLRB joint employer rule delayed
Artificial Intelligence and the workers’ compensation system
Artificial Intelligence (AI) is impacting many aspects of our lives, and it is no surprise that many businesses are evaluating ways in which AI can streamline processes and reduce expenses. AI has the potential to significantly impact the workers’ compensation industry, including by reducing costs, simplifying processes, and predicting outcomes.Continue Reading Artificial Intelligence and the workers’ compensation system
NLRB finalizes expanded joint employer rule
Recently, the NLRB issued a rule revising the standard for determining a joint employer. Joint employment involves two or more businesses’ sharing of an employee’s activities and therefore sharing legal responsibilities.Continue Reading NLRB finalizes expanded joint employer rule
The impacts of AI in the workplace
As artificial intelligence capabilities continue to increase, employers will contend with many issues surrounding the use of AI in the workplace. To prepare employers to address some of these issues, we have created a series of posts examining employers’ use of AI.
AI is relatively new, but it is certainly here to stay. For employers considering implementing AI processes, there are some general considerations they should keep in mind as they delve into the ever-growing world of AI in the workplace.Continue Reading The impacts of AI in the workplace
Updates for Ohio employers from the 2023 Statewide Hearing Officer Meeting
The Ohio Industrial Commission Statewide Hearing Officer Meeting offered some key insights for Ohio employers. Continue Reading Updates for Ohio employers from the 2023 Statewide Hearing Officer Meeting
FMLA and the modern workforce
Employers with over 50 employees regularly address employees’ requests for leave under the FMLA. When the FMLA was originally enacted in 1993, the workplace looked a bit different than it does now. Most employees went to a main worksite and job applicants came to a location to apply for employment. In today’s work environment, many employees work remotely and most job applications are submitted online. Yet, employers must grapple with the FMLA’s requirements within the confines of the new, often remote, modern workforce. Continue Reading FMLA and the modern workforce
Defense to temporary total disability compensation for Ohio employers may be limited
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.Continue Reading Defense to temporary total disability compensation for Ohio employers may be limited