Maris J. McNamara

Dec 27, 2023 | jdsupra.com | Maris J. McNamara

As an update to our prior client alert addressing the enactment of R.C. §4123.56(F), there has been a recent decision in State ex rel. Butler v. Indus. Comm., 10th Dist. Franklin No. 22AP-274, 2023-Ohio-3774 holding that a claimant is no longer required to prove that the inability to work is solely due to an impairment arising from the workers’ compensation injury. In this case, the claimant resigned her employment and then requested the payment of temporary total disability (“TTD”).

Dec 21, 2023 | lexblog.com | Maris J. McNamara

Prior to September 15, 2020, when a workers’ compensation claimant’s departure from the workplace was “voluntary” and for reasons unrelated to the industrial claim, claimant was ineligible for the payment of temporary total disability benefits (“TTD”) – commonly referred to as the judicially-created defense of “voluntary abandonment”.

Mar 24, 2023 | jdsupra.com | Maris J. McNamara

Providing written notice to the injured worker, their authorized representative and the physician who is prescribing the medication that the self-insured employer will be obtaining a review from an independent physician to address the necessity and appropriateness of the continued use of prescription medications.

Mar 21, 2023 | lexblog.com | Maris J. McNamara

Prescription medications are a necessary, albeit expensive component of any self-insured workers’ compensation program. Unfortunately, injured workers are often prescribed unnecessary prescription drugs which can lead to dangerous health conditions and increased complexity of workers’ compensation claims. Physicians continue to prescribe and dispense opioids which are the most expensive therapy class in workers’ compensation.