Cleveland, OH Workers' Compensation Blog

The BP oil spill has had long-lasting, industry-changing effects on the environment, economy and residents of the Gulf of Mexico. But others near and far are feeling effects of a different kind -- BP stockholders, including the Ohio Bureau of Workers' Compensation Fund, are facing diminished or devastated portfolios, depending on their holdings. Many people will rightly say that the result is fair: money can be replaced, while livelihoods, habitats and wildlife may never be. But the fact remains that a striking blow to the BWC at during this economic downturn means that injured Ohio workers may also bear the brunt of the catastrophe in the Gulf.

The Norwalk Reflector reports that BWC had already suffered significant losses after AIG lost nearly 90 percent of its value from late 2007 to 2008. The loss of BP stock value only adds fuel to the flames for the Ohio BWC's workers comp claims fund. 

A Scarborough United States Postal Service Processing and Distribution Center is facing up to $430,000 in fines and seven citations for safety violations found during an inspection by the Occupational Health and Safety Administration (OSHA) last December.

According to a press release issued by the Assistant Secretary of Labor, the citations were related to the USPS's failure at the Scarborough facility to train its employees on how to work safely with live electrical parts.

Of the seven citations, six were "willful" - the most severe category of violations handed out by OSHA. The violations included failing to provide workers with proper training and safety equipment for working with and around sorting equipment. Workers are exposed to live electrical currents from this equipment and can be injured by shock, arc blast and arc flash.  

Whether bringing "The Biggest Loser" to your workplace, sponsoring a company softball team or arranging for on-site flu shots, corporations are encouraging employee health in many ways. According to a DailyComet.com article, more than 85 percent of corporations today are engaging in some type of wellness programming. "A healthy employee means a healthy bottom line," says Michael Port, CEO for Corporate Wellness Solutions.

Workouts and Workdays

Employers today are building on-site gyms for their employees and many are even equipping them with personal trainers and fitness instructors. Richard Barrack, CEO of Barrack's Corporate Fitness, is reported to have said that not only have these fitness centers increased employee productivity, but they have also become a networking hub where employees from different departments can connect with one another. 

According to the United States Bureau of Labor Statistics, the April 2010 unemployment rate in Ohio is 10.7 percent, significantly up from 6.2 percent in January 2007. Less employed workers should result in fewer injuries on the job and therefore a decrease in the number of workers' compensation claims. Recent data supports this conclusion; the Ohio Bureau of Workers' Compensation (BWC) reflects a decline of more than 23 percent in claims filed from 2007 to 2009.

In contrast, BWC personnel rates are down only 15 percent and claims processes are being scheduled at a faster pace. Anecdotal evidence indicates that claims may be scheduled a mere six months from the date of the applicant's injury or initial diagnosis. In some cases, this is insufficient time to gather the medical records required to establish eligibility for benefits.

Latent Injuries Do Not Show Up In Time for BWC Hearings

Latent injuries may complicate an injured worker's claim. Some occupational diseases are more difficult to diagnose and the employee may even have initially been giving conflicting diagnoses. These claimants need ample time to get appropriate medical attention; sometimes obtaining a referral or an appointment with a specialist can take significant time. Submission of a claim requires expert diagnoses for the injuries or disease. Additionally, claimants need time to prepare their claim, gather supporting medical records and present their claim to the bureau.

Until such time as the state would adopt a two-tier system for new claims, injured workers should contact a knowledgeable workers' compensation attorney. A lawyer can help ensure injuries are timely and appropriately documented and evidenced, and can help the injured worker throughout the application process. When appropriate, a lawyer can request that the hearing be continued, or delayed, until all the evidence can be gathered.

Contact a knowledgeable work comp attorney at www.OhioBWCattorney.com for help with your workers compensation claim.

After an investment scandal rocked the Ohio Bureau of Workers' Compensation in 2007, the Ohio General Assembly took action to provide greater oversight of the state's workers' compensation system. It created a "Workers' Compensation Council" primarily to review legislation proposed to the General Assembly that would affect Ohio workers' compensation laws.

The Council was tasked with "reviewing the soundness of the workers' compensation system and legislation involving or affecting the workers' compensation system." The council is expected to review "all changes to the Worker's Compensation Law proposed to the General Assembly" and report on the "probable costs, actuarial implications, and desirability as a matter of public policy."
 
Unfortunately, major changes are currently being reviewed, and the Council has not been asked to consider any of them.
 
Specifically, the Council did not review Senate Resolution 118, which created the Competitive Workers' Compensation Task Force last November. The Task Force was formed to study the feasibility of privatizing workers' compensation insurance in Ohio. This proposed shift is a dramatic departure from the current system.

State Senator Karen Gillmor recently characterized the mission of the Task Force as completing "a comprehensive review of the Bureau of Workers' Compensation" and looking "at possible ways to improve the long-term structure of our state's workers' compensation system."
 
Given the breadth of the Task Force's potential impact on workers' compensation law, it seems that the Workers' Compensation Council should have reviewed the proposal of the Task Force's creation. Although technically the Resolution is not legislation that needs to be reviewed by the Council, the mission of the Task Force seems to fit squarely within the domain of the Council.
  
Unfortunately, the Council itself is now plagued by scandal and accusations of gross inefficiency, and it seems unlikely that the Council will be taking up this task any time soon. First, three Council employees accused the Council's executive director of firing them based on religious discrimination and harassment. Then, in responding to the firing scandal, the chairman of the Ohio House Insurance Committee Rep. Dan Dodd, who is also a member of the Council's board, charged that the Council had cost Ohio employers nearly $1 million since its creation and had only completed a single bill analysis.

Employers who pay workers' compensation premiums fund the Council's $650,000 annual budget. The Council's inefficiency deeply angers both lawmakers and the employers who are ultimately responsible for the cost.

The Council was created in the wake of scandal, primarily to ensure integrity and informed decision-making within the area of workers' compensation law. For a task force with such broad influence to have been created without the review of the Council concerns some citizens who fear the implications of broad changes implemented without appropriate oversight.

The Ohio Bureau of Workers' Compensation (BWC) is rolling out a new Drug-Free Safety Program. The Safety Program will likely replace the BWC's current Drug-Free Workplace Program when it expires on July 1. The Bureau's decision to replace the old program with a similar one is confusing, given that the Bureau has yet to clearly explain how implementation of either program actually increases worker safety.

The BWC suggests that these programs prevent "the courts and the public [from] holding American employers responsibility for the behavior of their substance-using employees." The BWC expresses concerns that "alcohol and other drugs affect the profitability of companies, [and] they also affect the health, safety and productivity of workers." While this may be true, the BWC's informational sheets on their "drug-free" programs fail to explain how implementation of these costly programs improves worker safety and productivity or shield employers from liability.

The old and new programs are voluntary for Ohio employers, unless they are construction contractors or subcontractors who bid on or work on state-administered construction projects. The voluntary nature of the programs indicates that their implementation is not necessary for worker safety, otherwise their implementation would be mandatory.
 
In addition, the cost of participation in the programs is high, and the bulk of the program implementation costs fall directly upon the employer. Though employers would likely be willing to front such costs if the programs ensured worker safety and productivity, the programs give no such promise.
 
The existing "drug-free" program basically aids employers in constructing a written substance policy and mandates that employers comply with certain levels of drug-related education and testing. The BWC has yet to explain why commonsense voluntary guidelines should be packaged as a high-price product, or how this program ultimately reduces workplace accidents and injuries.

The Small Business Administration reports that employee drug and alcohol usage costs employers an average of $7,000-$25,000 a year. Such user-related losses indicate that employers should be proactive in addressing how drug and alcohol use affect the workplace. However, the Ohio BWC has given employers no clear evidence that their "drug-free" programs provide a concrete solution to these issues.  

Things change fast in the legal world. Every day, state legislatures and judges make hundreds of decisions that impact the way cases are prepared and presented for court. At Ohio BWC Attorneys.com, we know how important it is to stay current with legal issues. We follow the cases and legal developments that will have an impact on the best strategies to use while protecting your rights.

Keeping you informed about the legal process will help you make better decisions about your own workers' compensation case. This Blog page is intended to serve as a forum for discussing workers' comp case law and relevant court decisions. Periodically, this page will be updated with new information and topics for discussion, so please return often to see the most current post and comments.

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