ALERT: If your employee was injured in a motor vehicle accident caused by a negligent third party on or after July 1, 2017, the BWC has a NEW PROCEDURE that may divert all the payments of benefits and compensation to the Surplus fund and remove the claim from your experience.
Mandatory documentation must be provided to the BWC including:
- Crash Report from law enforcement agency
- Citation showing third party fault
- Proof of third party insurance
- Proof the third party’s insurance company accepts responsibility
Although this process is in its infancy, it has potential for substantial COST SAVINGS in the form of potential LOWER PREMIUMS!
If you have a claim that may meet this criteria, please call us for assistance.
Finally, focusing attention on the epidemic opioid problem in Ohio, the state’s Medical Board is amending existing prescribing rules. These amended rules would do the following:
- Opioid for acute pain not more than a seven day supply.
- Providers may prescribe opioids in excess of supply limits only if the reason is provided in patient’s record.
- Additional scripts are not to exceed an average of 30 (Morphine Equivalent Dose) per day.
While there are some exceptions to these limits, physicians are also required to consider other therapy treatment options before prescribing an opioid analgesic.
Further, extended-release or long-acting opioid analgesics are not to be prescribed for the treatment of acute pain. These new requirements take effect August 31, 2017. These rules apply to all Ohio prescribers regardless of insurance coverage and allow Ohio to take a step in the right direction to control this devastating addiction.
It has yet to be determined how closely the Industrial Commission will follow these rules.
Lisa Patterson was selected as one of the Top 25 Women Lawyers in the Cincinnati area in the 2018 Ohio Super Lawyers nomination, research and blue ribbon review process.
Substitute House Bill 27, passed by the Ohio General Assembly and signed into law by Governor Kasich, changed the 2 year statute of limitation in R.C. 4123.84 for filing injury or death claims.
Effective 9/29/17, the new limitation period is ONE YEAR from the date of injury or date of death.
In the case State of Ohio ex rel. Julie Landers, Adm. of the Estate of Charles B. Landers v. Industrial Commission of Ohio and Crane 1 Services, Inc. the magistrate found the Ohio Industrial Commission properly found that a violation of a specific safety requirement (VSSR) had not been proven by the decedent’s estate because the application for VSSR did not cite to Ohio Admin. Code 4123:1-5-14(G) and, as a result, the arguments about Ohio Admin. Code 4123:1-5-14(G) had been waived. Additionally, if the lock-out/tag-out procedure which was supposed to be used would have been used, the defective alarms would not have functioned anyway, but were unnecessary because the crane could not have moved without power. See the attached case link below.
Congratulations Lisa for a job well done!