The Chartwell Chronicles: Total Temporary Disability
The WC Appellate Roundup for 3/28/25 is as follows: Augone v. Shop & Stop: Claimant, a grocery store clerk, was found not to have violated Sec. 114-a for a willful misrepresentation when he said to his doctors that he,...more
In 2024, Ohio employers paid over $180,000,000 in lost time expenses after workplace injuries, with an average cost of $37,000 per claim in lost time expenses alone. One of the best ways to reduce lost time expenses is by...more
Elmer Riehl v. Beiler Brothers, LLC (WCAB); No. 1563 C.D. 2023; Filed November 18, 2024; Judge Fizzano Cannon - On October 11, 2011, the claimant sustained a work injury in the nature of incomplete tetraplegia (paralysis of...more
If an employee is unable to work or suffers a wage loss as the direct result of an impairment arising from an injury or occupational disease, the employee is entitled to receive compensation under this section, provided the...more
On November 26, 2024, the Ohio Supreme Court issued an extremely favorable decision for employers on the potential defenses to the payment of TTD compensation. This case is important because it is the first time the Ohio...more
On November 26, 2024, the Supreme Court of Ohio issued its long-awaited decision in AutoZone Stores, Inc. v Indus. Comm., reversing the Tenth District’s interpretation of R.C. 4123.56(F) and indirectly restoring the...more
Verilyn Lunsford v. Hospital Housekeeping Systems Inc. and Corvel Corporation, OJCC# 21-028027, St. Petersburg District, JCC Moneyham, Decision Date: Nov. 30, 2023 - The claimant requested compensability, evaluation and...more
Employers faced many obstacles over the last few years, but the Ohio Supreme Court just gave them a welcomed boost in a ruling that should significantly reduce workers’ compensation claim costs. In a highly contentious 4-3...more
Soto v. Hoosier Care, Inc., No. A-0507-22 (Dec. 11, 2023) - The petitioner was injured in 2018 and resolved her case for 25% partial-total disability in 2021. In 2018, she had returned to work for Complete Care as a certified...more
This month, the Ohio Supreme Court altered the landscape of more than 25 years of workers’ compensation legal precedent in an employer-friendly decision concerning termination of Temporary Total Disability compensation....more
On March 5, 2024, in State ex rel. Dillon v. Indus. Comm., Slip Opinion No. 2024-Ohio-744, the Supreme Court of Ohio overruled its prior authority in State ex rel. Russell v. Indus Comm., 82 Ohio St.3d 516 (1998), which has...more
On March 5, 2024, the Ohio Supreme Court announced its decision in State ex rel. Dillon v Industrial Commission (Slip Opinion No. 2024-Ohio-744). In so doing, the Court overruled 25-year precedent from its prior authority in...more
New Jersey and Pennsylvania have released 2024 workers' compensation temporary total disability benefit rates based on the statewide average weekly wage....more
s an update to our prior client alert addressing the enactment of R.C. §4123.56(F), there has been a recent decision in State ex rel. Butler v. Indus. Comm., 10th Dist. Franklin No. 22AP-274, 2023-Ohio-3774 holding that a...more
When an employee suffering from a health condition comes to you with a proposed job modification to accommodate their condition, by all means consider the accommodation they have requested. But remember: an employer can offer...more
In a decision that will significantly impact Ohio employers, the Tenth District Court of Appeals has ruled that workers’ compensation claimants are entitled to temporary total disability benefits even if terminated for cause....more
On March 2, 2023, the Tenth District Court of Appeals announced its decision in State ex rel. Autozone Stores, Inc. v. Industrial Commission, 2023-Ohio-633. Unfortunately, the decision is not favorable for Ohio employers. ...more
In Episode 6 of The Chartwell Chronicles, hosts Colin Davis and Brittany Atkinson discuss Total Temporary Disability. Topics of discussion include how TTD benefits are calculated, when TTD benefits start, when to cut TTD...more
In an interesting decision, the Appellate Court (Garzon v Morris County Golf Club, App Div. decided December 23, 2022) overturned the awarding of counsel fees for permanency and fees on a Motion for Medical Temporary Total...more
Register Today For Cranfill Sumner’s 2021 Virtual Continuing Education Seminar: Workers’ Compensation & Civil Litigation Law Updates...more
Starting September 15, 2020, H.B. 81 became effective making noteworthy changes to the Ohio workers’ compensation law. The intent of the new bill was to create workers’ compensation coverage for detention facility employees;...more
Changes to Ohio’s Workers’ Compensation Law take effect on September 15, 2020. House Bill 81 makes five notable amendments to the current law: •The time requirement for filing a Violation of a Specific Safety Requirement...more
When must an Employer’s First Report of Injury be filed? The employer must submit information about the injury to the insurance carrier within five (5) days of the employee's notice of injury. ...more
If a WC Claimant refuses medical treatment due to COVID-19 contamination fears, can benefits be cut off? Under NC Law (NCGS 97-25(d)), Defendants cannot unilaterally suspend or terminate benefits if the claimant refuses...more
Workers’ Compensation Law § 15(3)(w) places a limitation – commonly referred to as “cap” – on the number of benefit weeks that compensation is payable to a claimant classified with a nonschedule permanent partial disability...more