My last blog post was all about the why companies need to have an employee handbook. Today I’m going to share a story about how a well-written employee handbook saved the day at a hearing I attended. I’m also going
Employers Workers' Compensation Law Blog
The Employers Workers' Compensation Law Blog, published by Ross, Brittain & Schonberg Co., focuses on legal issues related to workers' compensation and employer responsibilities. It covers topics such as drafting and using employee handbooks effectively to manage workplace policies and reduce litigation risks, strategies for preparing expert witnesses for depositions in workers' compensation cases, and guidance on handling temporary total disability claims. The blog also addresses practical advice for mediating workers' compensation disputes, emphasizing compliance with employment laws, fairness in workplace treatment, and the legal nuances affecting employer-employee relationships in the context of workplace injuries and compensation claims.
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Employee Handbooks: A Workers’ Compensation Practitioner’s Perspective
By Eric Rich
Your company’s employee handbook lays the foundation for what the your company expects of its employees and what your employees can expect from the company. A well written employee handbook is an invaluable resource to any organization. Employers, however, need…
How to Prepare Your Expert Witness to Testify at Deposition
By Eric Rich
Success or failure in a workers’ compensation case often depends upon the testimony of an expert witness. Here are some tips for how to get your expert ready to provide the most persuasive testimony on deposition.
The process really starts…
Simply Begin Again-Starting Up Temporary Total Disability After a Return to Work
By Eric Rich
To those of you who read this blog regularly, I apologize for the lack of content for the past month of so. Preparing seminar materials and the holidays got in the way of regularly posting. So, in keeping with the…
How to Succeed at Mediation
By Eric Rich
For workers’ compensation attorneys and adjusters the best claim is a closed claim. The best thing you can do for your clients is to get your claims to a place where they can settle. Obviously this starts with the administrative…
Injured Workers Who Are Going to Self-Administer Their Medicare Set Aside Need This Guide
By Eric Rich
On October 9, 2019 the Center for Medicare and Medicaid Services issued the Medicare Set-Aside Self Administration Toolkit. Although I feel like I’m condemning myself to an eternity in a very bad place for encouraging such a huge consumption…
Medicare Advantage Plans-Another Thing for Employers to Pay Attention to When Settling with an Employee
By Eric Rich
Whenever an employer reaches a settlement agreement with an employee who has open workers’ compensation claims, the employer should not forget about their potential obligations to protect Medicare’s interest in the settlement proceeds. I’ve written about this issue several times…
Just Because You Don’t Get Paid for Working at the Racetrack While You’re off on Workers’ Compensation Doesn’t Mean You Aren’t Committing Fraud, Says the Ohio Supreme Court
By Eric Rich
The Ohio Supreme Court recently terminated the permanent total disability (“PTD”) compensation of a man who was caught performing various horse-training and grooming activities at a racetrack in exchange for a waiver of housing and feeding expenses for the worker’s…
If You Deny TTD Because an Employee Was Fired for Failing a Drug Test, You Had Better Be Ready to Produce That Drug Test, According to This Recent Case
By Eric Rich
In Ohio, an employee is not entitled to temporary total disability compensation if they have “voluntarily abandoned” their employment. Voluntary abandonment is defined as violating a written work rule or policy that: (1) clearly defined the prohibited conduct, (2) was…
Was Your Light Duty Job Offer “Made in Good Faith”?
By Eric Rich
A recent Supreme Court case addressed the conditions that must be met in order for an employer to terminate ongoing temporary total disability compensation based upon an offer of light duty employment. Under O.R.C. 4123.56(A), once started, temporary total disability…