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January 2011 Archives

"Scope of Employment" includes carrying pepperoni and pizza sauce supply

When an employee is injured on the job, one of the first determinations that is made in a hearing to obtain workers' compensation benefits is whether or not the employee was acting within the "scope of employment."

Can Ohio Workers Compensation Privatization Occur Without Constitutional Change?

The discussion about privatizing the Ohio workers' compensation system has surprisingly not dealt with the constitution. I hear rumors that it can be done without a constitutional amendment. Those who believe so fail to understand the history of our system and the language of the Ohio constitution.

Ohio chiropractor indicted after defrauding Bureau of Workers' Compensation

The Bureau of Workers' Compensation was set up to assist injured employees in their time of need by providing necessary funding to help them through the period during which they cannot work. When a person makes fraudulent claims for workers' compensation benefits, it actually takes funding away from those who need it.

Ohio Fifth Largest Worker's Compensation Insurer

Ohio presently ranks as the fifth largest worker's compensation insurer when compared to every worker's compensation insurer (private and public) throughout the nation. Ohio is the largest state fund, representing approximately $2.1 billion in liquid assets. This $2.1 billion fund represents a substantial financial and political issue within the State of Ohio.

How Privatization of Ohio Workers Compensation Harms Ohio's Economy

Presently, a proposal to privatize a portion or all of the Ohio worker's compensation system is under review by both a task force and some Ohio legislators. Under the proposed privatization, Ohio would open worker's compensation insurance opportunities to private companies, in contrast to the existing state run monopolistic system established under Ohio's constitution. Advocates for privatization suggest that it would increase competition thereby lowering the cost of worker's compensation insurance to Ohio's employers and stimulating Ohio's economy.

Workers finding it Harder to Apply for Social Security Disability Claims

Obtaining necessary Social Security Disability benefits can be a very complicated and frustrating process for injured employees already suffering with the loss of their ability to work or other physical and emotional pains. Some applicants have found that the process has gotten even more difficult.

Ohio AEP Worker Seeks Relief after Injury Lowered His Capacity to Earn

On January 8, 2009, a plant employee had been working at a John Amos Power Plant owned by American Electric Power Company when a workplace accident changed his life forever. After a long recovery, the worker has chosen to seek relief from the courts and filed suit on January 4, 2011 for the injury that occurred nearly two years ago.

Do Fusion Surgeries Cost More Than They Are Worth? Part 2

The first post of the series on fusion surgeries for treatment of degenerative disc disease often listed in claims for workers' compensation benefits mentioned several criticisms against the controversial surgical procedure. According to many critics, the surgery is essentially only a lucrative procedure that is less effective or even damaging compared to physical therapy for the back injury.

Sen. Grindell to Re-Start Ohio Workers Compensation Task Force Meetings

There is a political conversation happening in Ohio regarding the privatization of Ohio's workers compensation system. A task force (Chaired by Senator Timothy Grindell ) has been charged with evaluating Ohio's present workers compensation system as well as other State's systems, considering alternatives and making recommendations for the future. The 23 member task force is comprised of legislators, employees, employers, local government officials, insurance companies and third party administrators. Sen. Grendell stated today that he is ready to restart task force meetings and he "hopes to plot a path to partial privatization by June 30".

Are Fusion Surgeries Costing Workers and Employers More Than They're Worth?

One of the most common injuries which form the basis for numerous workers' compensation benefits claims is degenerative disc disease. The disease consists of a slow breakdown of the soft discs located between vertebrae that act as shock absorbers for the spine. When the structure of the discs changes, it can cause lower back pain, neck pain and other problems such as spinal stenosis, the narrowing of the spinal canal, or herniated discs, abnormal bulges or breaks of a spinal disc.

Ohio Worker Severely Burned in Accident Challenges 2005 Workers' Comp Limit

In 2005, the Ohio legislature enacted a law that limited the amount of damages a worker injured on the job could receive to workers' compensation benefits only without proving that the employer had a willful intent to injury the worker. The standard of willful intent to injure has proved to be a difficult standard to meet and has left a number of injured workers without the full amount of damages they desperately need.

Intoxicated City Employee Injured, Receives Workers' Compensation

A highly disputed topic in workers' compensation cases is often whether or not the employee injured himself at work. We have discussed in prior posts how there is always a grey area in the interpretation of the law, making vital the assistance of an experienced workers' compensation attorney in a case.

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Philip J. Fulton Law OfficeRepresenting Victims Of Workplace Injuries And Disability

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