Posts by dorfkalniz

Governor Kasich signs Michael Louis Palumbo Jr. Act

Posted by on Jan 13, 2017 in updates

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 on Aug 23, 2016 in updates

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 and that the government must have a substantial interest in curtailing this speech.  However, the state of Ohio will likely argue that the injured workers’ privacy concerns outweigh the law firm’s commercial speech rights.  The law firm may also have issues as to whether or not they qualify as a “journalist” and/or whether or not it is permissible to obtain this information from a journalist and use it in a manner clearly in contravention as to the intent of the statute.  It will be interesting to see how this case develops. (Click here to see the article in Forbes Magazine) (click here to see the article in the Columbus Dispatch)...

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BWC changes to prospective rating for employers

Posted by on Aug 18, 2016 in updates

According to the BWC website, the BWC began its switch to a prospective billing last year and now collects premiums upfront, an insurance industry standard practice. The new system has allowed BWC to reduce base rates and offer employers more flexible payment options while allowing employers to better forecast their workers’ compensation costs.  For the full story click...

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BWC Approves New Opioid Prescribing Rule

Posted by on Aug 18, 2016 in updates

The Ohio Bureau of Workers’ Compensation (BWC) Board of Directors approved a new opioid prescribing rule aimed at preventing opioid dependence and encouraging physicians to employ current best medical practices when treating injured workers with opioids. If approved the rule could become effective as of October 1, 2016.  See Ohio BWC Website Summary...

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