Charles J. Cochran, Jr. | May 20, 2011
You can imagine the concern that an injured worker would have where they have been awarded a sum of money and then months or even years later the Ohio Bureau of Worker’s Compensation demanded the worker repay the award or a portion of it (or take some reduction in their future benefits to offset the payment). Please keep in mind this is not a person who committed any type of fraud, misstatement or otherwise acted improperly and, in fact, the Bureau did not claim the worker did anything wrong. The injured worker had simply followed his own doctor’s orders in obtaining recommended treatment, and as a result the Bureau claimed some current improvement in his condition such that he no longer suffered from a functional loss of use.
Again, the question here involved an alleged improvement in the current percentage of disability from that which existed at the time of the original award.
Category: Ohio Workers Compensation |
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Tags: disability, hearing, injured worker, loss of use, Ohio industrial commission, overpayment, permanent injury, permanent partial disability, repayment, standing, workers compensation
Charles J. Cochran, Jr. | May 9, 2009
The interworking of the damages argument in a case composed of both Negligence and Worker’s Compensation.
Category: Ohio Workers Compensation |
2 Comments »
Tags: damages, hybrid, permanent partial disability, personal injury, subrogation, workers compensation
Charles J. Cochran, Jr. | April 6, 2009
If you are injured in a work related accident in the State of Ohio and some or all of your injuries have some permanency involved with them you may be entitled to file an application for permanent partial disability and recover for your loss.
Category: Ohio Workers Compensation |
2 Comments »
Tags: compensation, contingent fee, permanent injury, permanent partial disability, workers compensation
Charles J. Cochran, Jr. | March 21, 2009
In Ohio if you believe that your Employer has discriminated against you because you have filed a Worker’s Compensation Claim then you only have 90 days to act on it.
Category: Ohio Workers Compensation |
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Tags: discrimination, employee, employer, statute of limitations, workers compensation
Charles J. Cochran, Jr. | February 27, 2009
The Ohio Bureau Workers Compensation or a Self-Insured Employer may have a legal right to be repaid out of the Settlement amount you receive from an Automobile Accident. This right is automatic and if you do not see to the repayment now you may need to do it later and it could cost you more money by delaying your actions.
Category: Ohio Workers Compensation |
2 Comments »
Tags: personal injury, repayment, subrogation, workers compensation
Charles J. Cochran, Jr. | February 27, 2009
In the past unless fraud or mistake was involved the Ohio Bureau of Workers Compensation has not sought to have Permanent Partial Disability awards set aside. It appears that policy has changed and it could impact Injured Workers, Attorneys, Employers and even the Ohio Bureau of Workers Compensation itself.
Category: Ohio Workers Compensation |
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Tags: finality, overpayment, partial disability, workers compensation
