News & Analysis as of

Temporary Total Disability

Weber Gallagher Simpson Stapleton Fires &...

New York Workers’ Compensation Appellate Roundup – March 2025

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

Bricker Graydon LLP

The Do’s and Don’ts of Light Duty Job Offers

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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

Marshall Dennehey

Under Section 410 of the Act, the Claimant’s Widow Was Not Barred From Receiving a Workers’ Compensation Judge’s Award of Specific...

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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

Frantz Ward LLP

Ohio Supreme Court Hits the Gas on “Direct Causation” Analysis in Temporary Total Disability in AutoZone

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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

Roetzel & Andress

Supreme Court Issues Extremely Favorable Decision for Employers on Defense of TTD Compensation Requests

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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

Dinsmore & Shohl LLP

Supreme Court of Ohio Restores Employer-Friendly Voluntary Abandonment Doctrine in AutoZone Decision

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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

Marshall Dennehey

The 120-Day Rule Does Not Apply if the Employer/Carrier Only Accepted Compensability and Provided Treatment for a Temporary...

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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

Fisher Phillips

Employers Win Big Under Ohio Supreme Court’s Workers’ Comp Ruling: Here’s What You Need to Know About Recouping Overpayments

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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

Marshall Dennehey

Appellate Division Affirmed the Workers’ Compensation Judge’s Orders, Granting the Petitioner’s Application for Temporary Total...

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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

Bricker Graydon LLP

The Turning Tides of Temporary Total Disability Compensation

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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

Frantz Ward LLP

Can Employers Request the Retroactive Termination of TTD? The Supreme Court of Ohio Says Yes They Can!

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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

Roetzel & Andress

Supreme Court Issues Decision Finding TTD Compensation Can Be Terminated Based on MMI Prior to the Date of Industrial Commission...

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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

Weber Gallagher Simpson Stapleton Fires &...

Pennsylvania and New Jersey Release 2024 Average Weekly Wage Rates

New Jersey and Pennsylvania have released 2024 workers' compensation temporary total disability benefit rates based on the statewide average weekly wage....more

Frantz Ward LLP

The Voluntary Abandonment Defense: A Ghost of Christmas Past?

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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

McAfee & Taft

Not what he asked for, but unpaid leave of absence ruled to be appropriate ADA accommodation

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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

Dinsmore & Shohl LLP

New Appeals Court Decision Limits Employers’ Ability to Fight Temporary Total Disability Following Termination

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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

Roetzel & Andress

Is This the End of the Voluntary Abandonment Defense for Ohio Employers?

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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

Chartwell Law

The Chartwell Chronicles: Total Temporary Disability

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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

Weber Gallagher Simpson Stapleton Fires &...

Appellate Court Overturns Award of Excessive Counsel Fees by WC Judge

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

Cranfill Sumner LLP

[Virtual Seminar] Workers’ Compensation & Civil Litigation Law Updates - September 29th, 9:00 am - 4:00 pm EDT

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Register Today For Cranfill Sumner’s 2021 Virtual Continuing Education Seminar: Workers’ Compensation & Civil Litigation Law Updates...more

Benesch

House Bill 81: Changes to the Ohio Workers’ Compensation Law

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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

Buckingham, Doolittle & Burroughs, LLC

HB 81 Brings Ohio Workers’ Compensation Law Changes

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

Spilman Thomas & Battle, PLLC

West Virginia Workers’ Compensation COVID-19 Quick Guide

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

Cranfill Sumner LLP

FAQ: How Does COVID-19 Affect Current WC Claims?

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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

Chartwell Law

NY Case Law Alert: Tolling of the Caps After Reopening Post-Classification

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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

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