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Rebecca Kopp Levine

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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.

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As the COVID-19 pandemic continues to impact businesses across the country, employers are faced with the difficult question of how to keep their workplaces safe. Some employers are attempting to restrict off-duty employee conduct to limit high-risk behavior.

The National Football League (NFL) is one employer taking steps to regulate off-duty conduct to reduce risks associated with the COVID-19 pandemic. The NFL has apparently reached an agreement with the players’ association that restricts the players’ off-duty conduct in some surprising ways. Players are prohibited from attending indoor night clubs, concerts, and even indoor religious services that allow attendance above 25 percent capacity. If a player violates these rules and then tests positive for COVID-19, he will reportedly not be paid for any games he misses and future guarantees in his contract will be voided. The NFL and the players’ association have presumably entered into this agreement for two chief reasons: to minimize COVID-19 outbreaks among teams and, in turn, to increase the likelihood that NFL football can be played this season. Commentators have thrown some challenge flags at the agreement, however, due to its potential for punishing employees for engaging in lawful off-duty activities.
Continue Reading NFL is tackling off-duty conduct to reduce COVID-19 spread. Can your business, too?

As we previously reported in this blog post, Ohio lawmakers have proposed multiple bills that would expand Ohio workers’ compensation laws in reaction to the COVID-19 pandemic. Recently, the Ohio House passed an amended version of the previously introduced legislation.
Continue Reading Update to Ohio lawmakers’ efforts to expand Ohio workers’ compensation laws in response to COVID-19 pandemic

Ohio lawmakers have proposed multiple bills that would expand the Ohio workers’ compensation laws in reaction to the COVID-19 pandemic. At the end of March 2020, lawmakers introduced House Bill 573 that would include COVID-19 as a statutorily defined occupational disease under the Ohio workers’ compensation laws, similar to other occupational diseases such as asbestosis.
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Continue Reading Proposed changes to Ohio workers’ compensation laws react to COVID-19 pandemic

In response to the COVID-19 pandemic, Ohio Gov. Mike DeWine signed House Bill 197 (HB 197) on March 27, 2020, which tolls numerous workers’ compensation deadlines set to expire between March 9, 2020 and July 30, 2020.

Therefore, any relevant statute of limitations related to workers’ compensation claims will not expire during the time period between March 9, 2020 and July 30, 2020.  This change will impact several key events in the workers’ compensation claim process.…

Continue Reading What parties need to know about tolled statutes of limitations for Ohio workers’ compensation claims

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.
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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