Posts by dorfkalniz

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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Ohio BWC to attempt to codify opioid medication necessity standards.

Posted by on Apr 7, 2016 in updates

The Ohio BWC is proposing changes to the Ohio Administrative Code to reduce the number of injured workers eligible to receive opioid medications for pain related to work injuries.  The impetus for this change stems from a cost savings standpoint as well as an attempt to reduce potential addiction/abuse.  The proposed standard for the narcotic medication is the doctor must explain why the injured worker has a “clinically meaningful improvement in function” with the opioid medication to justify ongoing use of the medications.  As to how this nebulous standard is met by the injured worker in need of these medications at this juncture is unclear.  As of now, these changes are only proposed and have not been codified into law. For the full story click...

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Conflicting court decisions regarding the injured worker’s right to dismiss employer’s appeal in court case.

Posted by on Nov 4, 2015 in Uncategorized, updates

In Ferguson v. State, 2015 Ohio 4499, the Court of Appeals for Ohio’s Eight District upheld the trial court decision granting an injured workers’ right to dismiss an employer’s appeal in an Ohio workers’ compensation case when the appeal was filed by the employer.  In 2006 the Ohio legislature amended O.R.C. section 4123.512.  This amendment eliminated the injured worker’s right under Rule 41 of the Ohio Rules of Civil Procedure to dismiss a case in common pleas court with the right to re-file it when the appeal was filed by the employer.   The court found this amendment to O.R.C. section 4123.512 was unconstitutional.  Click here to read the full version of the case  However, recently, in Antoun v. Shelly Co., 2016 Ohio 5392, the 7th District Court of Appeals found that the injured worker did not have the right to unilaterally dismiss the complaint when the employer filed the notice of appeal.  Click here to view the full version of the case.  This issue has yet to be decided by the Ohio Supreme...

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