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Focusing on Ohio Workers' Compensation Claims

Dorf & Kalniz work to protect your rights and vigorously pursue all workers compensation and benefits for residents of Toledo and Northwest Ohio

News & Updates

Workers Compensation Law Updates

Ohio BWC Enacts New Lumbar Fusion Surgery Rule

Posted by dorfkalniz on Jul 10, 2018

The Ohio Administrative Code has been amended to include a new rule governing lumbar fusion surgeries under Ohio workers’ compensation claims.  O.A.C. 4123-6-32 requires numerous criteria to be met prior to a fusion surgery being eligible for approval.  To see the complete rule click here.  The rule sets out two sets of standards for people who have not undergone previous lumbar surgery and those who have.  Under each section, very specific medical findings must be documented to support the requested surgery.  In addition to numerous requirements the rule requires a statement included in the appendix to the rule to...

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Ohio BWC to give $1.5 billion back to employers.

Posted by dorfkalniz on May 29, 2018

The Ohio Bureau of Workers’ Compensation recently approved a 1.5 billion dollar rebate to Ohio employers.  The Ohio BWC is doing so despite Ohio BWC service offices being understaffed and overworked.  For a link to the article click here.    The Ohio BWC has issued premium cuts and rebates totaling over 8 billion dollars since 2011.  At the same time the Ohio BWC is cutting premiums and giving rebates, they have shortened the statute of limitations on claims from two years to one year and have refused to pay out amputation awards in a lump sum, and instead have paid...

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Ohio Supreme Court denies right to permanent partial disability to injured worker receiving permanent and total disability.

Posted by dorfkalniz on Sep 21, 2017

In State ex rel. Ohio Presbyterian Retirement Services, Inc. v. Indus. Comm., 2017-Ohio-7577 the Ohio Supreme Court held: “When an injured employee has previously been determined to be entitled to permanent-total-disability compensation pursuant to R.C. 4123.58, the commission does not have statutory authority to grant in the same claim a permanent-partial-disability award pursuant to R.C. 4123.57(A). Previously an injured worker was entitled to a permanent partial disability award for any medical conditions that was not considered as a basis for the prior finding of permanent and total disability.  This decision is a further erosion of injured workers’ right to compensation under their...

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Statute of Limitations to File Claims Reduced to 1 year

Posted by dorfkalniz on Aug 3, 2017

Governor Kasich has signed House Bill 27.  Among other changes to Ohio workers’ compensation law, the statute of limitations to file a workers compensation claim has been reduced to one year.  Previously, the statute of limitations was two years.  This change goes into effect on 9/29/17 and applies to claims arising on or after this effective date.  Other changes include: Increase attorneys’ fees to $5,000 for representation in Common Pleas Court cases Facilitate settlement of claims by injured handicapped workers Allow firefighters with cancer to receive working wage loss Allow compensation to be paid before the claimant’s full weekly...

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Governor Kasich signs Michael Louis Palumbo Jr. Act

Posted by dorfkalniz on Jan 13, 2017

Governor Kasich recently signed the Michael Louis Palumbo Jr. Act.  This act creates a rebuttable presumption that a firefighter who develops cancer did so while in the course and scope of and arising out of employment.   To read more about this new law click here.  To see the full text of the new law click...

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Ohio law firm challenges BWC’s privacy statute

Posted by dorfkalniz on Aug 23, 2016

An Ohio law firm, Bevan & Associates, is challenging Ohio’s statute that makes injured workers’ personal information private.  Previously, the names, claim numbers and addresses of injured workers were available to the public via a public records request.  The Ohio BWC changed the law making this information private with an exception for journalists.  The law firm apparently is using a “journalist” to get this now private information and is using it to solicit business by direct mailing advertisements to injured workers.  The law firm may argue that their advertising is commercial speech that is protected under the First Amendment...

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