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Workers’ Comp in the News

    Home BlogWorkers' Compensation
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    Workers’ Comp in the News

    By Gallon, Takacs, Boissoneault and Schaffer of Gallon, Takacs, Boissoneault & Schaffer Co., L.P.A. Posted in Workers' Compensation on Friday, June 11, 2010.

    It is unusual for Workers’ Comp to be in the headlines, but thanks to the ongoing saga of Tom Noe, the system is getting more press-even if it is negative! Coingate made it back into the news this week, with the Ohio Supreme Court denying Tom Noe’s request to hear appeals from his theft and corruption convictions of 2006. You will recognize Noe’s name and Coingate from several years ago, when it was discovered that Noe lost millions of the BWC’s invested money on rare coin deals. The discovery resulted in Noe’s 18 year prison sentence and numerous investigations into who was investing and how the investing was being done at the BWC.

    In the wake of Coingate, injured workers saw the BWC tighten its purse strings even more. And though their financial dealings were audited, the BWC’s claims procedures remained as unfair and anti-injured-worker as always. The other news this week, though, gives us a little bit hope, with some proposed rule changes that actually make the system a little bit better for injured workers!

    The BWC has its own rule making authority and it periodically changes and updates its rules on how to process injury claims, how to pay benefits under claims, and how to handle treatment matters. Generally, the changes to the rules over the last ten years have cut benefits and made the system more complicated. Today, however, the BWC is holding public hearings on two rule changes that actually benefit injured workers.

    First, the BWC proposes to change the time period for a claim to become “medically inactive.” Under the current rules, a claim is “medically inactive” if no treatment has been paid under the claim for a period of thirteen months or more. An injured worker can still ask for treatment to be paid after thirteen months, but he or she has to ask the BWC to reactivate the claim by providing medical evidence to prove the treatment is necessary and related to the original injury. This usually ends up in a hearing before the Industrial Commission to have the claim “reactivated.” Even an office visit to see the doctor for a check up puts you back in the system, fighting for something that should just be paid. Today, the BWC proposes to extend that thirteen month time period to twenty four months. If the rule is approved, a claim will not be “medically inactive” unless two years has passed without any treatment being paid under the claim. This would give injured workers a longer period of time to seek treatment, without having to face the hearing process. It would make it easier for injured workers to get treatment and for doctors to give treatment under a workers’ compensation claim.

    Second, the BWC proposes a change to payment of benefits for loss of use and amputation awards. The law provides for awards to injured workers who lose fingers, toes, hands, feet or full limbs as a result of accidents on the job. In addition to awards for amputations, the law also recognizes loss of use of body parts because of pain and/or stiffness of joints. Currently, this award requires the filing of an application with medical evidence, and usually an exam with a state doctor and then a hearing. Part of the proposed changes to the rule will make it easier to prove entitlement to the award. Now, the award is paid out over a set number of weeks, depending upon the body part. The other proposed change to the rule will allow the award to be paid out in a lump sum of money. This will enable injured workers’ to get the benefit all at once rather than over months or years.

    Both of these changes will be beneficial to injured workers in Ohio-if they pass. Both claimant advocates and employer representatives will be in Columbus today to have their say on the proposed changes. When you see that the politicians are at the root of who runs the BWC and who makes the rules, you can see how important it is that we all do our part to make sure that the people in Columbus are the people who have in mind the best interests of the injured workers in this state and NOT the employers.

    Related Post :   What types of work injury compensation benefits am I eligible for in Ohio? , 6 Workplace Injury Prevention Tips , When and How to File a Work Injury Report , Make Sure You Do These 5 Things After You are Injured on the Job , Causes of Common Injuries at Work ,

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    • Hunter suffers shotgun wounds to leg in hunting accident – $300,000 (insurance limits)

      Hunting/Gun Accidents
    • Young father and husband suffers crush injuries from defective cornpicker – $475,000

      Man struck and killed when bolt breaks on grain auger – $400,000

      Farm Injuries
    • Fall on black ice at apartment complex and suffers severe and permanent nerve damage – $700,000

      Blind man falls on steps at rented property resulting in severe injuries – $450,000

      17 year old paralyzed after second floor porch rail fails resulting in fall to concrete below – $400,000 (insurance limits)

      Slip & Fall
    • $725,000 – Neurosurgeon negligence resulting in permanent injury

      $300,000 – Obstetric nurse failed to recognize signs of fetal distress, resulting in the death of the fetus

      $275,000 – Family physician negligently failed to treat infection in a patient with prosthetic heart valve resulting in death

      Family practice physician failed to recognize and treat MRSA infection, resulting in serious injury for woman requiring skin grafting and permanent need for pain medication – $225,000

      Surgical Accidents
    • $900,000 – Single adult male struck by transit authority bus, resulting in death

      $400,000 (sued employer) – Man falls to death at work from fixed ladder that did not meet OSHA safety requirements

      $400,000 – Claim for family in electrocution death of 17 year old boy

      $400,000 (bankrupt default) – Man crushed to death in giant stamping press when safety switch fails

      Wrongful Death
    • $2,250,000 – Young husband and father suffers permanent disabling injuries when backed over by a front end loader

      $1,000,000 (policy limits) – Man dies following severe burns in steel mill ladle incident –

      $750,000 – Man severely injured when pallets that are improperly loaded, fall and strike him in the head

      $400,000 – Electrical pole falls at jobsite, causing severe injury

      $390,000 – Bolt from cut off steel beam falls from rafter, striking worker below, causing neck injury

      $300,000 (bankrupt default) – Man killed on unguarded automatic welding machine

      $300,000 – Improperly guarded production line press fires unexpectedly, causing partial loss of three fingers

      $265,000 – Man suffers severe ankle and leg fracture following fall from roofing job after employer failed to provide fall prevention safety equipment

      Workplace Accidents
    • $1,000,000 (policy limits) – Retired autoworker suffers leg amputation and severe injury to other leg and arm when semi truck swerves left of center and hits small pickup head on

      $650,000 – Construction worker on way to job site critically injured when semi truck overturns on Ohio turnpike entrance ramp

      $600,000 – Semi truck runs red light, causing collision and causing arm injuries, multiple surgeries and permanent limitations

      Truck Accidents
    • $2,500,000 – Pick up truck loses control on icy turnpike, causing violent crash resulting in disabling injuries Learn More

      Auto Accidents
    • $1,250,000 – Truck pulling equipment trailer fails to yield at stop sign and kills motorcycle rider

      Motorcycle Accidents
    • $2,440,000 – Truck driver suffers crush injury to foot, when steel falls from loaded trailer

      $2,250,000 – Wrongful death of man at construction site due to crane accident

      $1,500,000 – Injury at construction site, resulting in broken leg, multiple surgeries and nerve damage

      $1,100,000 – Crane failure resulting in death

      $800,000 – Construction worker falls to death at steel mill construction project through unguarded opening in catwalk 50 feet off the ground

      $700,000 – Crane injury at construction site, resulting in nerve damage

      $700,000 – Wrongful death of worker at jobsite by defective crane

      Construction Accidents
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