Posts by dorfkalniz

Ohio Bureau of Workers’ Compensation issues fact sheet on medical marijuana policy.

Posted by on Sep 6, 2018 in Uncategorized

The Ohio BWC recently released a fact sheet outlining its policy on medical marijuana.  The Ohio BWC is of the position that although some forms of medical marijuana may be legal in Ohio, the Ohio BWC will not pay for medical marijuana until it is an FDA approved drug and can be placed on the BWC formulary list.  To view the Ohio BWC medical marijuana fact sheet click here...

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Ohio BWC Enacts New Lumbar Fusion Surgery Rule

Posted by on Jul 10, 2018 in updates

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 be signed by both the injured worker and the treating physician.  The motivation behind the rule is clearly to prevent lumbar fusion surgeries as many injured workers who undergo these surgeries never return to gainful employment. What is yet to be seen is whether or not these people without the surgery will far any better than those with the surgery or will still end up permanently disabled and possibly worse off without the surgery.  Furthermore, the physicians will likely be very hesitant to sign the statement as required in the appendix as it basically says the surgery may not work, you will likely need another surgery, you may not ever...

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Ohio BWC to give $1.5 billion back to employers.

Posted by on May 29, 2018 in updates

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 these out over time. The Ohio Association of Trial Lawyers issued the following response to the BWC’s most recent premium rebate:   Ohio Association for Justice asks: Why is BWC not sharing some of surplus with injured workers?   Yesterday, the Ohio Bureau of Workers’ Compensation (BWC) announced yet another employer rebate, this time in the amount of $1.5 Billion, bringing the total number of employer premium rebates, refunds and credits to $8 Billion since 2011. And yet, at the same time the BWC has recently filed an appeal to the Ohio Supreme Court seeking reversal of an 8th District Court of Appeals case that ruled in favor of injured workers...

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

Posted by on Sep 21, 2017 in updates

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 workers’ compensation claim by a republican supreme...

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