The Boston Globe reports that attorneys general from 13 states said yesterday they are prepared to sue unless congressional leaders remove an amendment from the federal health care legislation that exempts Nebraska from requirements to expand Medicaid coverage. Read the rest of this entry »
Information received indicates that, effective 1-1-2010, the Ohio BWC will impose NEW rules regarding BWC settlement offers: Read the rest of this entry »
The Columbus Dispatch reports that a Hispanic advocacy group filed suit yesterday to bar enforcement of a state plan to revoke registrations of vehicles whose owners cannot provide proof of legal residency by Dec. 8. Read the rest of this entry »
The Columbus Dispatch reports that Ohio Governor Ted Strickland called for a thorough assessment and broad reforms of how the state prevents and punishes domestic violence. Some of the changes Strickland vowed to explore included stiffer penalties for repeat offenders, strengthening laws so prosecutors can proceed with cases even if the victim recants, and establishing judicial review hearings requiring convicted offenders to meet regularly with a judge to prove they are no longer abusing and are complying with all court orders. Strickland vowed to review policies that have worked in other states to help reduce domestic violence and to recognize the “clear difference” between first-time offenders and repeat abusers. The governor’s statements yesterday were made in response to a recent investigation by the newspaper concluding that Ohio fell short in arrests for domestic abuse and services to treat both victims and offenders.
For full story, see: http://www.dispatch.com/live/content/local_news/stories/2009/11/20/DVgov.ART_ART_11-20-09_A1_8PFO3G3.html?sid=101
http://content.usatoday.net/dist/custom/gci/InsidePage.aspx?cId=cincinnati&sParam=32101961.story
The current atmosphere at the OhioBWC is anti-injured worker. The MCO’s continue to deny requested medical treatment, the BWC is actively making settlements of claims more onerous.
It’s bad enough to get hurt on the job, but fighting the system that is supposed to protect injured workers is downright demoralizing.
The BWC is now forcing settlement allocations between compensation, future medical expense, and protection of Medicare interests. That would not be bad but when the BWC forces allocation in a settlement for an injured worker who will not be eligible for Medicare benefits until age 65 or 66, it becomes absurd.
As a result of an internal audit performed late in 2008, the BWC decided that, in order to clean house, it would reduce settlement offers to injured workers, utilize co-morbidity tables (taking a persons whole medical history into account in the settlement of a broken leg, for example), and use the current economic situation to ’squeeze’ low settlement amounts for workers’ in economic distress (terminated due to economy, etc.)
So much for a system that makes a ‘Plegde’ of Service to injured workers.
Now, the Ohio Senate is considering bringing privatization to workers’ compensation in Ohio. Anyone who is injured in the service of a self-insured employer knows the extra nightmare of claim battles. Bringing privatization into the BWC arena will increase the battle between the injured worker and the benefits to which he/she is entitled.
![wrong-way[1]](http://ohiolaw.com/wp-content/uploads/2009/10/wrong-way1.jpg "wrong-way[1]")
Self-insured claim overview – what injured workers should know (as published on the OhioBWC Website)
QUOTE ”As an employee of a self-insuring employer, we want to help you understand the claims process.
Claim number assignment – Injuries resulting in seven or fewer calendar days of disability do not need a BWC claim number unless the employer denies the claim.” ENDQUOTE
WRONG WRONG WRONG - If you do not file your claim with the OhioBWC, you do not get a claim number. Without a claim number, your injury does not exist as far as the OhioBWC is concerned. If you do not file your claim application (FROI-1)with the OhioBWC within the statutory mandated time limit (Statute of Limitations) you will be precluded from filing your claim. You will not obtain the injury award for the damage done to your body.
YOU DO NOT HAVE TO LOSE 7 DAYS OF WORK TO BE ENTITLED TO YOUR INJURY MONEY AWARD AND MEDICAL BENEFITS! Don’t be misled!
ALSO, your claim will NOT be delayed if you file your injury application with the BWC. That starts the statutory process. You can also give your self-insured employer a copy of the BWC claim application (FROI-1). But, if, for whatever reason you do not want to obtain legal representation, make sure you file the form with the OhioBWC as soon as possible. You can fax the form to the BWC 1-877-520-OHIO (6446) or you can bring it to the BWC office nearest to your home or work.
Many times, our clients say “But the BWC CSS told us that we should do it this way, not the way you are doing it”. Based on the above, would you bet your claim on a BWC employed CSS or on your attorney, who is working for you, and who is trained in the law and the BWC procedures?
Remember, your lawyer only gets paid if he/she obtains an award benefit on your behalf. The CSS, employer by the BWC, has the BWC’s interests in mind – saving money on claim payouts.
If you don’t already have a board certified specialist attorney representing you in your BWC claim, GET ONE. Remember, the BWC has it’s lawyers (to protect it and save it from paying out money) and the Employer has its lawyers (to fight claims to keep their premium payments as low as possible). So, who is representing you?
Pursuant to Ohio Law, if an injured worker does not apply for and receive his/her permanent partial disability award, the claim is considered medical only. This can be trouble because medical only claims close sooner than a claim that paid injury money.
You’ve moved and you didn’t inform Ohio Workers’ Compensation that you have a new address. Your benefits are at risk when the BWC has your incorrect address!
If orders are issued regarding your claim and you don’t appeal in a timely fashion, your benefits could end. There is a mechanism to correct the situation, but that might take months. If orders are issued that you do not receive, you will have to file a motion with the BWC requesting Ohio Revised Code § 4123.522 relief. This motion will be forwarded to the Ohio Industrial Commission for adjudication. This is a scenario that takes time, during which your benefits – temporary total disability – medical treatment – might be suspended. Don’t let that happen.
You can easily notify the OhioBWC that you have a new address by filing a C-77 Form, Notification of Change of Address.
Once you download the form from this link, you can Fax the form to the OhioBWC using their Toll Free Fax Number 1-877-520-OHIO (6446) or you can mail the form to BWC 30 W. Spring St. Columbus, OH 43215-2256.
Just remember to keep the BWC and your lawyer up to date with your new address and any new phone number you have.
According to Ohio Workers’ Compensation Rules, your doctor must be a Bureau Certified Provider or the BWC will not pay the medical charges. But, how do you find a certified provider?
There are several ways in which to find a certified provider. Many times, an injured worker is referred to a follow up doctor by the emergency room. Your lawyer can also recommend several doctors near your home or work in order to assist you in finding a Bureau Certified Provider whose location is convenient for you.
But there are times where an injured worker moves out of state and needs to find a doctor for continuing treatment. So then what? Check out the Ohio BWC Certified Provider Look-up.
Remember, after 13 months without medical treatment your claim will become medically inactive. At that point, the BWC will make you prove all over again that the medical treatment you seek is related to the original work injury. The longer you go without treatment, the harder proving that relationship becomes.
You are found to be at MMI. Your temporary total disability ends. Now what?
It depends on the specific facts of your claim, but in general the following actions can be taken:
1) see if your doctor feels that your claim can be amended to include a new diagnostic condition, either physical or emotional. If you obtain a new claim condition/allowance, you will have new and changed circumstances. You would be entitled to seek temporary total disability compensation from the date you were last paid.
2) At any time during your claim, while you are on Temporary Total Disability, you can seek entrance into Vocational Rehabilitation. In VocRehab, you are eligible to receive Living Maintenance compensation, which can lead to Living Maintenance Wage Loss for a period of 200 weeks for pre 8-25-06 claims and for a period of 125 weeks for post 8-25-06 workers’ compensation claims.
3) Go back to work and wait the statutory time to apply for your injury money. If you are returned to work with restrictions, you may be entitled to seek working wage loss. Again, depending on the actual date of your work injury, you are entitled to either 200 weeks of wage loss or 125 weeks of wage loss (see item 2 above for claim date requirements).
It is best if you discuss this finding of MMI with your attorney. If you don’t have an attorney, you should get one ASAP. Look for a Certified Ohio Bureau of Workers’ Compensation Specialist.