This presentation was given on 9/18/2009 to clients and friends of Kegler Brown. The presentation features a case law update, third party administration, bureau of workers' compensation issues and voluntary abandonment.
payment shall not be made for the period when any employee has returned to work, when an employee’s treating physician has made a written statement that the employee is capable of returning to the employee’s former position of employment, when work within the physical capabilities of the employee is made available by the employer or another employer, or when the employee has reached the maximum medical improvement.
Ohio Admin. Code 4123:1-5-05(D)(2) requires requires an employer to supply a device to lock a machine's controls in the off position when machines are shut down for repair, adjusting, or cleaning.
The Company argued the Commission could not rely on post accident evidence that the alarm did not work, especially considering the OSHA investigation had determined that the alarm may have been broken during the attempted rescue. that it was no abuse of discretion to deny the employer's rehearing motion claiming its "first-time failure" defense was not considered, because it never raised the defense before a hearing officer, so the commission could not be compelled to grant an appeal in order to consider it.