According to OSHA, about 4,200 workers experienced heat-related workplace injuries or illnesses last year. Forty people died from such illnesses, and OSHA believes there may have been more heat-related deaths that were not reported.
]]> OSHA's 2012 Heat Illness Prevention Campaign launched this month. OSHA has resources available on its website to offer information to both employers and workers who work in warm conditions, indoors or outdoors. OSHA is also promoting a Smartphone application, available in both English and Spanish, which has information about staying safe in the heat.In general, OSHA is urging that workers have access to and take advantage of water, frequent breaks and shade while working outdoors.
OSHA has said that those who are most at risk of developing a heat-related workplace illness are agriculture workers, construction workers, utility workers, baggage handlers, roofers and landscapers, among others who work outside.
Those who suffer from a workplace illness may be entitled to workers' compensation benefits in order to pay for medical expenses and compensate for lost wages, however, it is of course better to avoid experiencing a dangerous heat-related condition in the first place.
Source: Occupational Health and Safety, "OSHA renews heat illness prevention campaign," May 7, 2012
]]>Every two years, the Ohio Bureau of Workers Compensation allows employers to re-evaluate their managed care plan and change providers if they are dissatisfied.
]]> Managed care organizations, or MCOs, work with the BWC and employers to help administer medical benefits and recovery programs to employees injured on the job. MCOs are largely responsible for processing claims as well.While the ultimate decision of whether to stay with a particular MCO belongs with the employer, employers should still listen to relevant employee feedback. Previously-injured workers should be sure to let their employers know about any positive or negative experiences with their MCO as soon possible. After 5:30 p.m. on May 25, employers will not be able to change their MCO for another two years.
There is more to a managed care organization than cost.
According to the BWC Administrator, quoted in a Jackson Daily County report: "Few decisions business leaders make are as vital to their company's success than those that directly impact the health and safety of their workforce. . . . Selection of the MCO that meets each employer's specific needs is an important decision that should be carefully considered to ensure their injured workers receive the best care possible and can quickly and safely return to work."
To help with the decision-making process, the BWC provides a selection guide and MCO report cards, which contain information on the effectiveness of each managed care organization. If an employer chooses a new MCO, the change will take effect on July 2, 2012.
Source: Jackson County Daily, "Managed care open enrollment for Ohio employers begins April 30," April 26, 2012
]]>According to an officer from the Greene County Sheriff's Department, the work site was near Spring Valley Paintersville Road and Anderson Road. His rescuers had to use a crane to extricate the worker from the basement in order to bring him to safety. The worker was conscious during the rescue efforts and able to talk throughout with emergency personnel.
]]> After rescuers got him out of the basement, a CareFlight took the man to the Miami Valley Hospital. His condition was not immediately known.In cases such as these, workers are generally eligible for workers' compensation benefits. Benefits can include coverage for medical expenses, including related therapy bills; payment for lost wages; and even payment for any disfigurement that may result from the accident.
If the worst occurs and the man dies from his injuries, his family may be eligible to receive the benefits in his stead. Reports have not said whether the worker has a family or not.
Authorities have not named the contractor for which the injured man works. In any case, the sooner the man can begin working with an experienced workers' compensation attorney, the better his outlook for a favorable outcome.
Source: WHIO, "Worker hurt in 15-foot fall at housing site," Teesha McClam, April 19, 2012
]]>A physician of record is a BWC certified provider who can treat your workers' compensation injuries. Many injured workers are surprised to learn that their family doctor may not be willing or able to treat the specific work related injury due to insurance issues and workers' compensation laws. Similarly, the Physician of Record for a workers' compensation claim is not a substitute for a general family doctor.
The BWC maintains a list of BWC providers. These providers have the ability to evaluate and treat the allowed workers' compensation diagnoses within a specific claim. They have the ability to certify temporary total disability compensation and to request specialist consultations if more specialized care is required on account of the work related injury.
At the present time, an injured does maintain the right to select and change the Physician of Record. Earlier this month, the Ohio Legislature introduced legislation that could potentially represent an effort to limit a claimant's ability to choose his or her physician during the life of the claim. Although set for discussion this week, the subcommittee assigned the task of discussing this legislation pulled it from the agenda.
]]>Every year, an estimated 7,500 Ohio workers are unable to work for 45 days or more.
]]> Under the new law, failing to see a specialist within the specified time period would disqualify injured workers from receiving further compensation for things such as medical expenses or loss of wages. In Ohio, injured workers can consult a doctor of their choosing to qualify for initial workers' compensation benefits.The administrator for the Ohio Bureau of Workers' Compensation said in a news report that the proposed changes are designed to encourage injured workers to seek help so that they can recover quickly and return to their jobs.
The number of injured Ohio workers who return to work has dropped from 75 percent to 69 percent.
Under current rules, workers who are hurt on the job already have to see a specialist within 45 days or risk suspension of their benefits. They can retroactively reclaim their benefits if they eventually see a specialist. The new law would bar workers from recouping the suspended benefits.
However, the bill would also require that workers' compensation cover all medical bills during the first 45 days, whether or not the BWC eventually approves or denies the claim.
Critics claim that labor has had too little input regarding the contents of the bill.
Last year, Ohio's BWC paid $1.8 billion to cover lost wages and medical bills. It processed 116,378 new claims.
Some 256,000 employers pay into the program, and the BWC has a $26 billion investment fund that it uses to cover the remaining costs.
Source: Dayton Daily News, "Injured workers focus of House bills," Laura A. Bischoff, April 17, 2012
]]>The question of whether an individual is at MMI is a critical question that often requires a hearing before the Industrial Commission. At this hearing, the relevant issue will be whether the injured worker has reached a stable treatment plateau at which no further fundamental improvement in the allowed conditions is expected. This can be a source of confusion for claimants, especially where they have not returned to their level of pre-injury ability. Unfortunately, whether an injured worker has returned to his or her pre-injury status has no bearing on whether MMI has been reached.
While a finding of MMI will terminate temporary total disability compensation, it does not represent a termination of the claim. Instead, a finding of MMI can open the door to other forms of workers' compensation benefits, including permanent partial awards and vocational rehabilitation options. Where the injury is severe enough that the injured worker will be precluded from returning to work in any capacity, the MMI finding can also serve as the start of moving toward permanent total disability compensation.
As indicated above, most MMI findings will require the BWC or self-insured employer to obtain medical evidence finding that an injured worker has reached MMI and then request a hearing on the issue. The earliest that temporary total disability can be terminated is the date of this hearing. However, there is one key exception. If the injured worker's own physician of record finds that MMI has been reached, the BWC has the ability to terminate temporary total disability as of the date of the physician of record's opinion, without having to wait for a hearing to be scheduled.
]]>The company may now have to pay a considerable amount in fines. OSHA issued the company 10 citations, including citations for two willful violations, six serious violations and a repeat violation. Currently, the fines stand at $111,000.
]]> OSHA issues citations for willful safety violations when an employer knowingly disregards the law or shows indifference to an employee's health and safety. In this case, the company allegedly committed such violations by failing to properly separate the power press from its power source and by failing to lock up the equipment designed to ensure that the company's presses remained unpowered during maintenance.A serious safety violation occurs when the employer knows or should have known about a hazardous condition with a substantial probability of injuring workers. Knowlton's alleged serious violations include things such as failure to provide safety guards on equipment and failing to properly maintain cords.
A repeat violation occurs when the offender has received a citation for a similar safety violation within the past five years. Last week, OSHA said that the company had failed to inspect the power presses with regularity. OSHA cited the company for the same offense in July 2007.
The OSHA fines are not related to the workers' compensation coverage that the workplace accident victim should receive. A workers' compensation claim should afford the injured worker monetary compensation for medical expenses and lost wages, among other things. As we noted recently in our Columbus Workers' Compensation Law Blog, workers' compensation benefits include a specific provision for injured workers who have sustained the loss of use of body part or an amputation due to a workplace injury.
Source: U.S. Department of Labor, "U.S. Department of Labor's OSHA cites Knowlton Manufacturing in Cincinnati after worker's arm is amputated by mechanical power press," Scott Allen and Rhonda Burke, April 11, 2012
]]>Scheduled loss awards obviously apply to direct amputation-type injuries where the injured worker has sustained the severance of a specific body part. However, such awards can also be sought where the specific body part is rendered useless by the injury even though it is not specifically severed from the body. In these situations, the hearing officer will need to consider whether the limb or body part has been lost for all practical purposes.
In addition to limbs and body parts, scheduled loss awards can also be awarded for loss of vision and loss of hearing.
]]>However, the Industrial Commission of Ohio recently ruled that one woman could not receive temporary total disability compensation because, allegedly, her injury-related depression did not result in a total inability to work.
]]> In 2004, the woman had suffered a back injury while on the job. The injury prevented her from working as she underwent treatment to achieve maximum recovery. During this time, she received workers' compensation benefits.Upon completing her back-related medical treatment in 2006, she filed for continued benefits because the ordeal continued to inflict crippling depression that prevented her from working.
After listening to conflicting expert testimony, the Commission determined that the woman's failure to re-enter the workforce was adequate grounds for denying the continued benefits. While her own doctor said that her depression constituted a total disability, another doctor said that the depression was only partially disabling. This latter doctor contended that the injured woman could still perform sedentary work.
In other words, this professional said that the woman should not receive disability benefits because her depression allowed her to work in jobs that she could perform sitting down, even if the depression prevented her from engaging in more strenuous activity. It is unclear why the Commission gave higher regard to this doctor than to the woman's own doctor.
Based on the latter doctor's testimony, the Commission decided that the woman wrongly failed to re-enter the workforce, and thus proceeded to deny her continued benefits. The woman was 65 years old at the time of the 2009 decision.
In March 2012, the 10th District Ohio Court of Appeals upheld the Commission's ruling on the basis that that the Commission did not abuse its discretion.
Source: workforce.com, "Injured Worker's Depression not Compensable Because She did not Return to Work," Sheena Harrison, April 2, 2012
]]>Prior to your hearing, you will receive notification that the hearing has been set before a hearing officer of the Industrial Commission. The Industrial Commission's job is to hear disputed workers' compensation issues and issue orders on the merits of the dispute. When you receive the notification, it will identify the day, time and location of the hearing.
It is advisable to arrive 15 to 20 minutes before your appointed hearing hour. This allows for time to go through the Commission's security process, check in, and to discuss the matter with your attorney. The Commission hearing officer will call your name over the loudspeaker and you proceed to the hearing room.
The hearing room itself will have a hearing officer at the head of the table, and two sides for the parties in the claim. The hearing officer will allow the parties the opportunity to present their evidence and arguments. This may include questions, either by attorneys or by the hearing officer, directed toward you.
The typical hearing lasts between 10 and 20 minutes. At the end of the hearing, the hearing officer will take the matter under advisement. This simply indicates that the hearing officer wants to consider the evidence and arguments presented at hearing before issuing a decision. In most situations, the hearing order will mailed within a week of the hearing.
]]>Emergency medical personnel took the man to a hospital, where he died from the injuries sustained in the industrial accident. The report does not note whether the man has any surviving relatives. Family members of those killed in workplace accidents are often entitled to workers' compensation death benefits.
]]> In Ohio, workers' compensation benefits are generally available to employees injured on the job, in order to pay for medical expense and lost wages during the recovery period. If a person dies on the job, the benefits may go to qualifying family members in order to pay for funeral expenses and loss of income.Workers' compensation in Ohio is designed to make it easier to collect benefits by bypassing an adversarial court proceeding. This avoids the high cost of a trial and helps the victim, or the victim's family, obtain much-needed funds sooner.
Sometimes, however, there may be disagreement about the circumstances that lead to the injury. In other cases, the employer may not want to live up to its legal obligations. For these reasons, it is always helpful to consult a lawyer when navigating the workers' compensation process. A qualified attorney can make sure that the applicant gets all the benefits to which they are entitled.
Additional details about the circumstances of this accident remain unclear. It is not yet known if there were any safety violations. An investigation into the circumstances of the accident is ongoing.
Source: WOIO 19 Action News, "Barberton man killed in industrial accident," March 28, 2012
]]>In theory, the PPD award is perhaps most similar with a "damages award" that is typically found in personal injury cases. A PPD award recognizes that as a result of the injury, an injured worker does not have the same functionality as he or she had before the accident. For example, consider an individual who has undergone a rotator cuff tear. Although the tear may have been surgically addressed and even though the individual has perhaps returned to work, there may continue to be residual impairment that hampers his or her everyday life. Range of motion may be limited. Pain may continue to be present. These are factors considered in a PPD award.
Depending on the circumstances of the claim, the PPD award can potentially increase as the claim progresses. If new and changed circumstances develop in the claim, the PPD award can be revisited to see if an increase is warranted.
]]>For the first twelve weeks of disability, TTD is paid at 72% of the full weekly wage. The full weekly wage examines recent wages an injured worker earned just before he or she was injured. After the first twelve weeks of disability, any continuing TTD benefits are paid at the 66.666% of the average weekly wage. The average weekly wage is a calculation of the individual's average wage for the past year of earnings.
TTD benefits represent an important benefit in workers' compensation claims. While the benefit is typically paid in the weeks and months after an injury, it can also be paid in situations where the injured worker requires surgery on account of the work injury and needs time to recover before returning to work.
For more on TTD benefits, please visit our website.
]]>OSHA began the inspection in September after receiving a complaint about conditions at the plant where are 12 people are employed.
]]> OSHA considered 27 of the 30 violations to be "serious," meaning that there was a "substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known."The serious violations include things such as failure to provide workers with safety gear, failure to install shields to protect workers from sharp equipment, failure to label hazardous chemicals, failure to properly store flammable materials and failure to conduct fire safety training.
The manufacturer now has 15 days from the citation date to remedy the insufficiencies or to contest the findings. The company can either protest the findings formally with the Occupational Safety and Health Review Commission, or it can request to meet informally with OSHA's area director.
Although the report is unclear as to whether the violations resulted in any actual injuries to workers at the site, OSHA regulations exist to protect workers in these situations. Workers' that are injured on the job can file workers' compensation claims to obtain compensation for any medical treatment and lost wages. If the employers' negligence caused the accident, the employer can sometimes be held responsible by additional legal claims.
Source: U.S. Department of Labor, "US Department of Labor's OSHA proposes $103,500 in fines to Polychem in Leetonia, Ohio, for 30 safety and health violations," Scott Allen and Rhonda Burke, March 19, 2012
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