The Bainbridge Firm, LLC
Schedule a Free Initial Consultation

Toll Free: 800-762-1612

Columbus : 614-545-9990

Portsmouth : 740-353-7548

Ironton :740-532-9772

Marion : 740-387-6727

Cambridge : 740-435-3342

Waverly : 740-835-8890

Workers' Compensation Archives

Officers at Ross Correctional Institution are Denied Workers Comp Benefits

On August 29, 2018, just before 9:00am, an inmate at the Ross Correctional Institution, exhibited signs of a possible overdose thought to be Fentanyl. Fentanyl, a legal synthetic opioid, can become airborne, entering through the lungs, skin and eyes. After 29 individuals including 4 nurses, 23 correctional officers and 2 inmates started showing signs of illness, it was clear that everyone who came in close proximity to the inmate had been exposed. Test results later confirmed that they had all been exposed to a fentanyl and heroin mixture. Fentanyl is 50 times more potent than heroin and 100 times more potent than morphine. It only takes 2.3 milligrams of fentanyl for someone to overdose. 28 of the exposed individuals were treated on scene and later taken to the hospital for observation, while the 29th individual, an inmate, was treated on scene and not transported. A hazardous material unit then came in and cleaned all the affected areas. Hundreds of additional does of Narcan were then left at the facility and given to the local hospital incase other individuals began to show signs of exposure.

BWC New Rule on Behavioral Assessment Payment

Until recently, medical treatment in workers compensation claims have been limited to treatment of conditions that are "allowed" in the claim.1  Allowed conditions are medical conditions that are proven to have resulted from a compensable work-related injury or occupational disease.2  The BWC has now taken steps to address cognitive, emotional, behavioral, social and psychological issues in a claim that are not directly related to the allowed conditions.3 Instead, these issues are believed to have arisen after the allowed condition, and these issues are believed to prolong pain and disability of the allowed condition. This does not include mental illness and psychological disorders, but instead, normal emotional responses that many people experience following a serious injury.4  The idea of this new rule is to allow injured workers to get the guidance they need, before these issues turn into something more serious such as depression or opioid addiction, hindering the ability for the injured worker to heal.

Your Choice to Choose a Physician

According to the book, Ohio Workers' Compensation Law, written by Phillip Fulton, under R.C. § 4123.651 injured workers are entitled to freely choose a physician to treat a covered injury. This includes both the initial choice of physician and any decision by the injured worker to change physicians. The Bureau of Workers Compensation may require the injured worker to give notice of change in treating physician and the reason for change. Once a claimant goes to a private physician for treatment other than on an emergency basis, the claimant is generally regarded as having chosen that physician. Before 1959 employees didn't have a choice of physician. Choosing a treating physician and notifying the Bureau of your choice is important because authorized payment for treatment is only allowed by one physician. According to O.A.C. § 4123-7-05, the Bureau will not approve payment of medical fees for treatment rendered by more than one physician for the same condition over the same period of time. There is however one exception. If the BWC or self-insurer has authorized treatment where a consultant, anesthetist or assistant is required, or it is necessary for treatment to be seen by a specialist, then the BWC can authorize payment for medical fees. Not all licensed practitioners are qualified as treating physicians. Revised code § 1737.01 (A) defines "licensed physicians and surgeons" as persons certified under R.C. § 4731.14, which certification is limited to medical doctors and doctors of osteopathy. A medical doctor or osteopath may therefore be the treating physician. A chiropractor may also be the treating physician, because R.C. § 4734.09 specifically provides that the chiropractor is a physician for the purpose of chapter 4123.

Can I be compensated for an injury that occurs on the way to a medical examination ordered by the BWC?

A Court of Appeals has held that injuries sustained by the claimant while traveling to or from a Bureau medical examination are compensable "as being directly and proximately caused by circumstances that arose out of employment as the original injuries and obligations necessitated by those injuries in order to participate in the Workers' compensation fund, directly resulted in the new injuries." 

What is Statutory Permanent Total Disability Compensation?

Statutory permanent total disability compensation is different from permanent total disability compensation. Statutory permanent total disability compensation is granted to a person who has lost both eyes, both hands, both arms, both legs, or both feet, or any combination of each, in an industrial accident. Similarly to permanent total disability, statutory permanent total disability compensation was created to benefit the injured worker for the remainder of the injured workers' life. However, unlike PTD, under statutory permanent total disability compensation, an injured worker may still be eligible for compensation even if the injured worker is capable of working, or is currently working.

Common Construction Worker Accidents

The Centers for Disease Control and prevent reported that more than 9 percent of nonfatal workplace injuries and illnesses in 2009 were sustained by construction workers. That year, construction workers suffered 4.3 nonfatal injuries and illnesses per 100 workers.

Occupational Illness

It has been about six weeks since we discussed how heat illness can put people who work outdoors in the summer at serious risk. Many workers are not vulnerable to heat illness, due to the nature of their jobs, but may still develop an occupational illness that makes them seriously ill, and may even cause their death.

The Hearing Process

Upon receiving a claim, the Industrial Commission is required to refer the file to an "appropriate district hearing officer" in accordance with rules adopted by the Commission under R.C.§ 4121.36. Th Ohio Administrative Code (OAC) identifies what an "appropriate district hearing officer " is. The OAC requires the scheduling of hearings before a district hearing officer from the Industrial Commission service office in the city nearest the claimant's residence, or for out-of-state claimants, from the service office nearest the claimant's home if the service office is within one hundred and fifty miles thereof, or in Columbus for those claimants who live more that one hundred and fifty miles for an Industrial Commission service office, unless otherwise directed.

Repetitive Injuries and Workers' Compensation

If you've ever performed a job that required you to repeat the same motion over and over again, then you may not have realized that you could have seriously damaged your muscles and connective tissue in the process. Called repetitive motion injuries, the damage associated with such injuries can take a long time before symptoms present themselves. But in some cases, when symptoms -- such as pain or numbness -- do present themselves, it may be too late to fully correct the damage.

email us for a response

Free Initial consultationCall us today for a free initial consultation. We promise to provide a response within a few hours.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

office locations - we have Multiple Locations to serve you.

The Bainbridge Firm, LLC

Columbus Office
900 Michigan Avenue
Columbus, OH 43215

Toll Free: 800-762-1612
Phone: 614-545-9990
Fax: 614-224-9300
Map & Directions

Portsmouth Office
611 Court Street
Portsmouth, OH 45662

Toll Free: 800-762-1612
Phone: 740-353-7548
Fax: 740-353-1984
Map & Directions

Ironton Office
119 North Fifth Street
Ironton, OH 45638

Toll Free: 800-762-1612
Phone: 740-532-9772
Fax: 740-532-3127
Map & Directions

Marion Office
198 East Center Street
Marion, OH 43302

Toll Free: 800-762-1612
Phone: 740-387-6727
Fax: 740-382-5816
Map & Directions

Cambridge Office
120 Southgate Parkway
Cambridge, Ohio 43725

Toll Free: 800-762-1612
Phone: 740-435-3342
Fax: 740-435-3329
Map & Directions

Waverly Office
112 North Market Street
Suite B
Waverly, OH 45690

Toll Free: 800-762-1612
Phone: 740-835-8890
Fax: 740-835-8891
Waverly Law Office Map