Workers’ Compensation & Safety (OSHA)

Helped clients understand their legal obligations under new labor and employment laws passed in response to the COVID-19 pandemic. Drafted work-from-home, leave, and reopening policies; advised on mass layoff obligations, terminations, furloughs, unemployment issues, and alternative work arrangements; and recommended best practices for essential workers, safe reopening, employee testing and health assessments, employee travel, and face covering requirements.

Represented a medical center in defending a workers’ compensation settlement that was challenged by an employee, who, despite agreeing to the settlement, argued that the settlement amount was insufficient to cover their interests for the reimbursement of medical costs. Defended this settlement in front of the Ohio Industrial Commission, which is the adjudicating body of the Ohio Bureau of Workers’ Compensation, allowing the medical center to leave its fully negotiated settlement agreement intact.

Testified before the Ohio Senate on behalf of the National Federation of Independent Businesses regarding House Bill 308, which impacts workers’ compensation benefits for first responders diagnosed with post-traumatic stress disorder as a result of their employment.

Defended a client against a claim of breach of fiduciary duty under Ohio workers’ compensation laws governing self-insured employers. Secured a favorable settlement and avoided re-opening workers’ compensation claim against client.

Pursued injunctive relief against the Ohio Office of Budget and Management (OBM) on behalf of several national and state trade associations to prevent the OBM from using up to $2 billion in Ohio Bureau of Workers’ Compensation funds for state purposes. Secured memorandum of understanding on behalf of the associations prohibiting the OBM from raiding the funds and preventing other state agencies from taking similar action in the future.

Successfully argued cases before the Ohio Bureau of Workers’ Compensation’s Adjudicating Committee on independent contractor issues, re-rates due to gross misrepresentation and improper application of BWC rules.

Used both aggressive and strategic techniques to help a new client with multiple derailed claims get their claims costs under control. For example, fighting to have only the necessary treatment allowed and unrelated conditions denied, we successfully argued that an injured worker had reached Maximum Medical Improvement (MMI) to have compensation terminated. Out of options, the injured worker ultimately settled her claim.

Successfully terminated temporary total compensation causing an overpayment of almost $20,000 through use of external surveillance and social media. 

Worked with the Ohio Attorney General's Office to reduce a school district's liability for a common pleas court settlement to zero dollars. The school district paid nothing to have the case dismissed with prejudice and did not suffer any effect to its premiums as a result.

Advise employer organizations on the potential impact of House and Senate bills, as well as rule changes proposed by the Ohio Bureau of Workers' Compensation and Industrial Commission of Ohio. This involves consulting with the Ohio Bureau of Workers’ Compensation on behalf of employer organizations to draft and revise rules that protect the rights of Ohio employers.

Worked with the attorney general's office to reduce a school district's liability for a common pleas court settlement to zero dollars. The school district paid nothing to have the case dismissed with prejudice and did not suffer any effect on the premiums as a result.