Ohio Legal Info » General

Thirteen State AGs Threaten Lawsuit over Health Care Bill

The Advocate — Thu, 31 Dec 2009 16:38:15 +0000

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.

The 13 Republican AGs say the amendment, dubbed the “Nebraska compromise,” unconstitutionally carves out an exception for the state from the sweeping health care reform bill passed in the Senate last week that they estimate will lose the federal government $100 million in the next 10 years. The provision, which its opponents say was implemented to win congressional leaders the 60 votes necessary to block a Republican-led filibuster, also extended federal Medicaid assistance to five other states. Democratic lawmakers called the threatened suit a political ploy, and noted that the exemptions are nothing more than the sort of compromise routinely made to get legislation passed.

For full story, see: http://www.boston.com/news/nation/articles/2009/12/31/13_state_ags_threaten_suit_over_health_care_deal/

Columbushttp://www.dispatchpolitics.com/live/content/national_world/stories/2009/12/31/copy/Health_care_1231.ART_ART_12-31-09_A3_PMG5ISA.html?adsec=politics&sid=101 Dispatch:

Fox News: http://www.foxnews.com/politics/2009/12/30/republican-attorney-generals-threaten-lawsuit-health-care/?test=latestnews

New York Times: http://www.nytimes.com/aponline/2009/12/30/us/AP-US-Health-Care-Deal-States.html

USAhttp://www.usatoday.com/news/washington/2009-12-30-health-ags_N.htm Today:

For background on the controversy, see Wall Street Journal: http://blogs.wsj.com/washwire/2009/12/19/cornhusker-harvest-nebraska-gains-in-nelson-compromise/

Ohio BWC – Changing the Settlement Process

The Advocate — Wed, 30 Dec 2009 19:34:46 +0000

Information received indicates that, effective 1-1-2010, the Ohio BWC will impose NEW rules regarding BWC settlement offers:

1) A response must be made within 7 days. Failure to respond will result in settlement application dismissal;

2) Once the settlement figure is agreed, the BWC will issue a C241 form to confirm the settlement amount. If the Injured Worker does not sign and return the C241 within 14 days of the BWC mailing, the settlement application will be dismissed.

Of course, there is no limit on how long it might take BWC to make an offer. .

At times, an Injured Worker can wait 3-6 or more months before the BWC will even make an offer. What is good for the Goose should be good for the Gander. But not in reality. Is this just another example of the Ohio BWC “concern” for Ohio’s Injured Workers?

Currently, we are seeing very low offers to settle claims. We believe it is due to the 2008 Internal Audit of the BWC, which stated their procedures needed modification. This audit resulted in no settlements being made for a very long period of time.

Furthermore, we believe that the BWC is “low-balling” settlements to take advantage of the economy and the Injured Workers’ need for funds due to layoff, etc. The settlement offers being made are in many cases egregiously low.

Citizens of Ohio must make their elected officials aware of the “anti-worker” sentiment that is now rampant in the Ohio BWC. This situation must be remedied.

LATINO GROUP SUES STATE OVER VEHICLE REGISTRATION POLICY – Ohio

The Advocate — Wed, 25 Nov 2009 16:54:53 +0000

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. The League of United Latin American Citizens accused the Ohio Bureau of Motor Vehicles of illegally intruding in immigration matters and asked the Franklin County Common Pleas Court for a temporary injunction. Moving on a policy enacted Aug. 24, the BMV mailed nearly 50,000 letters in early October telling vehicle owners their registrations would be cancelled unless they offered proof of U.S. residency such as a driver’s license or proof of a Social Security number, although police were told not to issue tickets or make arrests until after Dec. 8. Lawyers for the League argued that the authority to inquire into the immigration status of state residents is uniquely a federal responsibility, and that the BMV’s policy violates privacy and property rights by cancelling valid registrations. A BMV spokeswoman said the policy wasn’t directed at immigrants but is an attempt to enforce state law, deter fraud and ensure that registrations are “secure and reliable.” A hearing for the case has been set for next Tuesday.

For full story, see: http://www.dispatchpolitics.com/live/content/local_news/stories/2009/11/25/copy/plates.ART_ART_11-25-09_A1_2GFQ01D.html?adsec=politics&sid=101

Akron Beacon Journal: http://www.ohio.com/news/politics/state/72776002.html

Cleveland Plain Dealer: http://www.cleveland.com/newsflash/index.ssf?/base/national-80/1259086827208090.xml&storylist=cleveland

Dayton Daily News: http://www.daytondailynews.com/news/ohio-news/hispanic-group-sues-ohio-over-license-plate-policy-418693.html?showComments=true

USA Today: http://content.usatoday.net/dist/custom/gci/InsidePage.aspx?cId=cincinnati&sParam=32132297.story

Ohio Gov. Strickland Calls for Overhaul of State Response to Domestic Violence

The Advocate — Fri, 20 Nov 2009 22:05:11 +0000

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

A Sure Sign of Winter – Get Ready to Lose an Hour on November 1st

The Advocate — Tue, 13 Oct 2009 12:30:25 +0000

This year, on Sunday November 1 at 2:00 a.m. we turn our clocks back 1 hour. On the positive side, get set to gain an hour’s sleep. On the negative side, we will wake up to darkness until Spring. Early Morning Darkness and Early Evening Darkness - the tell-tale sign of winter.

On the bright side, according to (AP News) — Turning your clock back on Sunday may be good for your heart. Swedish researchers looked at 20 years of records and discovered that the number of heart attacks dipped on the Monday after clocks were set back an hour, possibly because people got an extra hour of sleep.

Ohio Revised Code 5.21 Labor day – Columbus day – Veterans’ day

The Advocate — Mon, 12 Oct 2009 13:06:22 +0000

Ohio Revised Code 5.21 Labor day – Columbus day – Veterans’ day.

The first Monday in September of each year shall be known as “Labor day” and for all purposes shall be considered as the first day of the week.

The second Monday in October of each year shall be known as “Columbus day” and is a legal holiday.

The eleventh day of November of each year shall be known as “Veterans’ day” and is a legal holiday. If said day falls on Sunday, the following Monday is the legal holiday.

We Are Looking for Lawyers to Contribute in the following Areas

The Advocate — Sun, 11 Oct 2009 13:49:37 +0000

We Are Looking for Lawyers to Contribute in the following Areas

Bankruptcy Law
Debtor-Creditor Law – Foreclosures
Family Law
Employment Law
Criminal Law
Social Secutiy

If you practice law in these areas, please contact the Administrators of the site. We would like to find contributors in these areas. Currently we have Personal Injury Lawyers and Board Certified Workers’ Compensation Specialists on board.

Please Become a fan of Ohio Legal Info

The Advocate — Sun, 11 Oct 2009 00:24:11 +0000

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The Advocate — Thu, 08 Oct 2009 12:55:47 +0000

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The Advocate — Wed, 07 Oct 2009 12:02:54 +0000