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Recent Blog Posts

• Ohio Supreme Court clarifies employers’ defenses to temporary total disability compensation in workers’ compensation cases By Rebecca Kopp Levine    Last year, we reported on the Tenth District Court of Appeals’ decision limiting employers’ defenses to temporary total disability compensation following the termination of an employee. Recently, the Supreme Court of Ohio reversed the lower court decision and issued a decision favorable for Ohio employers. In State ex rel. AutoZone Stores, Inc. v. Indus. Comm., 2024-Ohio-5519, the Supreme Court clarified when employers may contest an employee’s request for temporary total disability compensation.  Case overview: Injury, termination and compensation... More
• Changes to Medicare set-aside reporting By Rebecca Kopp Levine    Employers settling workers’ compensation claims with Medicare beneficiaries are required to take into consideration Medicare’s potential interest. Settling parties obtain a Medicare Set-Aside (MSA) report that designates a portion of the settlement to be set-aside for future medical treatment.  This process is to ensure that The Center for Medicare and Medicaid Services (CMS) is not paying for medical treatment that should have been covered by a workers’ compensation claim.  CMS announced that the rules for reporting workers’ compensation... More
• Texas federal court strikes down NLRB’s joint employer rule By Rebecca Kopp Levine    Last week, the U.S. District Court for the Eastern Division of Texas struck down the National Labor Relations Board’s 2023 rule changing the standard for establishing whether two affiliated entities are joint employers.  As we previously discussed in a blog post last year, the NLRB issued a rule greatly expanding the scope of employers that may be considered a joint employer. This expansion could have significant consequences as joint entities would be required to collectively bargain, and may... More
• NLRB joint employer rule delayed By Rebecca Kopp Levine    As we discussed in a recent blog post, last year the National Labor Relations Board (NLRB) issued a rule revising the standard for determining a joint employer. The rule was due to go into effect on Dec. 26, 2023, but was delayed when business groups led by the U.S. Chamber of Commerce brought a lawsuit in Texas against the NLRB alleging the rule exceeds the NLRB’s authority. Recently, a Texas federal judge delayed the rule implementation until... More
• Artificial Intelligence and the workers’ compensation system By Rebecca Kopp Levine    Artificial Intelligence (AI) is impacting many aspects of our lives, and it is no surprise that many businesses are evaluating ways in which AI can streamline processes and reduce expenses. AI has the potential to significantly impact the workers’ compensation industry, including by reducing costs, simplifying processes, and predicting outcomes. Utilizing AI for efficient processing of workers’ compensation claims Traditionally, claims examiners are charged with tasks such as classifying claims, entering diagnosis and billing codes, and processing payments.  AI may be... More
• NLRB finalizes expanded joint employer rule By Rebecca Kopp Levine    Recently, the NLRB issued a rule revising the standard for determining a joint employer. Joint employment involves two or more businesses’ sharing of an employee’s activities and therefore sharing legal responsibilities. Details of revised joint employer rule Under the new rule, due to go into effect on Dec. 26, 2023, the scope of the joint employer standard is expanded and entities may be considered a joint employer if each entity has an employment relationship with the employees, and the... More
• The impacts of AI in the workplace By Rebecca Kopp Levine    As artificial intelligence capabilities continue to increase, employers will contend with many issues surrounding the use of AI in the workplace. To prepare employers to address some of these issues, we have created a series of posts examining employers’ use of AI. AI is relatively new, but it is certainly here to stay. For employers considering implementing AI processes, there are some general considerations they should keep in mind as they delve into the ever-growing world of AI... More
• Updates for Ohio employers from the 2023 Statewide Hearing Officer Meeting By Rebecca Kopp Levine    The Ohio Industrial Commission Statewide Hearing Officer Meeting offered some key insights for Ohio employers. Statewide Hearing Officer Meeting insights First, some good news — the number of pending workers’ compensation cases in Ohio continues to decrease year after year. This decrease can be due to a myriad of factors, but is likely mostly due to the change in employees’ work environment and the overall trend of moving Ohio’s economy to be more focused on service positions. Ohio’s average... More
• FMLA and the modern workforce By Rebecca Kopp Levine    Employers with over 50 employees regularly address employees’ requests for leave under the FMLA. When the FMLA was originally enacted in 1993, the workplace looked a bit different than it does now. Most employees went to a main worksite and job applicants came to a location to apply for employment. In today’s work environment, many employees work remotely and most job applications are submitted online. Yet, employers must grapple with the FMLA’s requirements within the confines of... More
• Defense to temporary total disability compensation for Ohio employers may be limited By Rebecca Kopp Levine    The Tenth District Court of Appeals has thrown a curveball to Ohio employers by limiting a defense to temporary total disability compensation following the termination of an employee. In September 2022, a new law went into effect eliminating the doctrine of voluntary abandonment in Ohio workers’ compensation cases. That doctrine provided that an injured worker was not entitled to benefits when they voluntarily removed themselves from the workforce or were terminated for violation of written work rules. The new... More