“Hello, My name is Rafael. I’m a past client of Mr. Gruhin. Several years ago he helped me with a case that I had, a work injury that I had. I am very pleased with the service I got from Gruhin’s office and their help going through the process, which can be very intimidating for a first timer. Myself being a young father at the time, he really guided me through the process. I really believe that all the help I got from this office in getting through that chapter that I had to get through really put me on the path to where I am at now with my own future as far as my family goes. It got me where I needed to be. I am very grateful for the service for myself and for my father as well. I definitely recommend those who are going through the same thing to give Mr. Gruhin’s office a call, they will definitely help you out. Thank you.”

To see more Client Testimonials, check out this link.

Thanks for viewing and if you enjoyed the video please subscribe to my YouTube Channel.

Mike Gruhin

© 2012, Gruhin & Gruhin Attorney's. All rights reserved.

Frustrated with your Ohio Workers’ Compensation Claim?  Feel as though everyone is speaking a foreign language?

Download my Free Guide and get additional information that can assist you in your Ohio Work Comp Claim.

Click this link to get Mike Gruhin’s Free Ohio Workers’ Compensation Guide

I hope you enjoy the Guide.

Mike Gruhin

© 2012, Gruhin & Gruhin Attorney's. All rights reserved.

Back & Neck Work Injuries

I Hurt my Back on the job – What should I do ?
I Hurt my Neck on the job – What should I do ?

Call the Ohio back and neck work injury attorney specialist at Gruhin & Gruhin.  If you’ve suffered an on the job accident which causes injury to your neck or back , protect yourself from getting lost in the Ohio Workers’ Compensation maze and avoid the bureaucratic red tape.

We Take Back and Neck Injury Cases Seriously !Injured workers who seek Ohio workers’ compensation benefits after suffering lifting injuries often find that their complaints are ignored or underestimated. Some employers expect workers to ‘tough it out’ and ‘get back to work.’ Some employers don’t even submit the claim to the Ohio Bureau of Workers’ Compensation. If you’ve injured your neck or back on the job due  to a lifting or fall injury, you have rights. But you are the one with the legal requirement to file the claim application with the Ohio Bureau of Workers’ Compensation.  Don’t delay, there are specific time deadlines.

Gruhin & Gruhin helps Ohio’s injured workers and work accident victims to obtain all available workers’ compensation benefits, money awards and medical treatment. We fight to ensure the receipt all of the medical care and money benefits for lost wages, wage loss, and injury money for Ohio work injuries and on the job accidents.

On the job and workplace back, lumbar, neck, cervical injuries can happen anywhere and at any time. Construction workers and roadway crews are in constant danger of getting into a serious accident. This does not mean, however, that a job needs to be inherently dangerous for workers’ compensation benefits to be available for the injured worker. Back injuries are extremely common on the job injuries. Such injuries can occur when a worker is lifting something heavy or when a worker suffers a fall, which causes a twisting to the back and/or neck. These are also painful injuries whose effects can last a long time and affect your ability to return to work.

Even minor back or neck injuries can be debilitating.  Keeping you off work, losing money when you can’t work due to an on the job injury. Serious back, neck, and spinal cord injuries can lead to a lifetime of disability and financial hardship.  Protect yourself by hiring a Board Certified Ohio Workers’ Compensation Specialist Attorney.  Call or contact Gruhin & Gruhin and Mike Gruhin, “The Comp Specialist” now. There are strict time limits.

Back and neck injuries are some of the most common injuries sustained in a work accident and are one of the most frequent reasons for lost work time. Frequent or heavy lifting or a fall at work can cause a ruptured or herniated disc, resulting in back and leg pain. These accidents can also cause injury to the neck and the cervical discs in the neck.  While many back and neck injuries heal with rest and physical therapy, others require surgery to repair injured discs and relieve nerve impingement. A back or neck injury can be especially devastating to workers whose job requires them to perform heavy physical labor, such as construction work. After a serious back or neck injury, many employees are unable to return to their job. Vocational rehabilitation, retraining, wage loss, and other benefits may be required to return some injured workers to a suitable job within their physical restrictions.

Each back or neck injury claim can be quite complex depending on the severity of the injury and the type of incident that caused the injury. Mike Gruhin is a Board Certified Ohio Workers’ Compensation Specialist Attorney, experienced and specializing in handling all types of back and neck injury cases, from herniated discs, degenerative disc injuries, degenerative joint injuries, low back and neck injuries, to broken backs, necks, arms, legs, and other work trauma accidents. A back or neck injury can result from various work accidents, such as:

• Slip and fall at work
• Accident from heavy lifting or pushing
• Falling down the stairs at work
• Car accidents that occur while on the job

What is a low back (Lumbar) strain or sprain?
What is a Cervical (Neck) strain or sprain?

Having to lift heavy items at work can cause serious lower back and/or neck pain.  Workers who have to lift, bend, twist, stoop, and squat all day commonly suffer from this painful back or neck injuries.

Muscle strains, lumbar sprains, and cervical sprains are the most common causes of spine pain. A muscle strain occurs when the muscle fibers are abnormally stretched or torn. A sprain occurs when the ligaments, the tough bands of tissue that hold bones together, are torn from their attachments. Differentiating a strain from a sprain can be difficult, as both injuries will show similar symptoms. Many doctors refer to both injuries as a category called “musculo-ligamentous injuries” of the lumbar spine or simply a sprain/strain. In general, it doesn’t matter what you call the problem because the treatment and prognosis for both back and neck strains and sprains is the same.

What is a Herniated, Slipped, or Ruptured Disc?

Herniated or Ruptured Discs occur when the spongy discs between the bones of the vertebrae shift. Herniated or slipped discs can occur on any part of the spine. Serious disc injuries can cause constant pain, numbness and weakness.

Degenerative Disc and/or Joint Disease of the Cervical, Thoracic, and/or Lumbar Spine:

Degenerative Disc Disease is very common. However a pre-existing condition can be aggravated by a work accident. Trying to get an aggravation of degenerative disc disease or aggravation of degenerative joint disease is a complex medical / legal issue. A Board Certified Ohio Workers’ Compensation Specialist Attorney is your best avenue to seek and obtain an aggravation award.

When a work injury aggravates, reactivates or accelerates your arthritis or degenerative disc disease, you have a right to file for workers’ compensation benefits. There is considerable misunderstanding concerning the right of an employee to obtain these benefits for an aggravation of a preexisting injury, particularly as it relates to arthritis and degenerative disc disease.

Degenerative disc disease is a widespread condition that can lead to serious lower back and neck pain. Almost everyone experiences this medical condition, simply because a person’s spinal discs degenerate and lose the ability to absorb shock naturally over time. An injury to the disc can accelerate and aggravate degenerative disc disease. Most often degenerative disc disease pain occurs not from the condition itself, but because a person’s suffers another injury to the back or neck.

Degenerative disc disease is not actually classified as a disease, but a medical condition caused by a damaged disc in the spine. Such damage can include a slipped disc, ruptured disc or herniated disc, or a tear in the outer core of the disc.

Work Injuries That May Lead to the Aggravation of Degenerative Disc and/or Joint Disease

Certain jobs make a person more susceptible to aggravating a preexisting condition like arthritis or degenerative disc disease. People are more susceptible to aggravating their arthritis, if they hold jobs that require them to perform repetitive motions, to endure high impact activities, or to remain sedentary for long. Examples of such jobs include, typing, assembly line work, construct work and other types of manual labor.

People are more likely to aggravate their degenerative disc disease when they work in manual labor jobs that require repeated heavy lifting, twisting and turning. Any job that can potentially lead to a back or neck injury can aggravate degenerative disc disease.

Don’t be fooled into thinking it’s just the natural aging process and you can’t get it added to your Ohio Workers’ Compensation claim. Gruhin & Gruhin has successfully added aggravation conditions to work comp claims for years.

Degenerative Disc Disease is the gradual deterioration of the disc between the vertebrae. As people age, the composition of the cartilage of the body changes, resulting in thinner and more fragile cartilage. The changes cause the discs and joints that stack the vertebrae (also known as facet joints) to wear and tear over time. Degeneration of the disc in Degenerative Disc Disease is also referred to as spondylosis.

The x-ray or MRI evidence is what confirms the diagnosis of Degenerative Disc Disease. Any level of the spine can be affected. Degeneration of the disc can cause local pain in the affected area. When Degenerative Disc Disease specifically affects the spine of the neck, it is more specifically referred to as cervical disc disease. When the mid-back is affected, the condition is known as thoracic disc disease.

Quadriplegia: This is a paralysis of the limbs and torso. This is typically caused by a serious injury to the spinal cord between the C1 and C7 vertebrae in the upper back. Car accidents and serious falls have been known to cause permanent quadriplegia.

Paraplegia: This is the impairment of the lower extremities. This type of disability is typically caused by a serious injury to the lower spinal cord.

Aggravation of Arthritis and Degenerative Disc Disease and Workers’ Compensation

When seeking workers’ compensation benefits for the aggravation of a preexisting condition like arthritis or degenerative disc disease, it is important to understand that these conditions are covered. These are compensable regardless of whether the preexisting condition was work-related.

Workers’ compensation covers work-related injuries that aggravate a preexisting condition even if that condition made the person more susceptible to future injury. When claiming compensation for an aggravation of a preexisting condition, a person must simply show that the aggravation of the injury was work related and the resulting disability prevented them from working.

The requirement that the disability resulted from a new injury does mean that a person cannot claim compensation for a disability that resulted from the natural progression of a preexisting injury. The new work-related injury need not be the exclusive cause of the disability, but it must be a material factor in the aggravation of the preexisting injury.

Protect Your Rights After a Workplace Lifting Injury – Contact a Board Certified Specialist Attorney to Discuss the Your Back or Neck work injury case or the Aggravation of Your Arthritis or Degenerative Disc / Joint Disease due to your job accident.

Given the time limitations surrounding the filing of a workers’ compensation claim against your employer, it is important to act promptly. Speak to a Board Certified Ohio Work Comp Specialist Attorney. You need an experienced work comp lawyer about how an aggravation of your preexisting injury will affect your workers’ compensation claim.

To receive fair compensation for a serious on the job injury, you should consult with a Board Certified Ohio Workers’ Compensation Specialist Attorney. Don’t think that all attorneys are work comp specialists. Ask the attorney you contact if he or she is Board Certified. If not, look elsewhere. Don’t wait, there are specific time limits. Call or contact Mike Gruhin, Board Certified Ohio Workers’ Compensation Specialist Attorney now!

© 2012, Gruhin & Gruhin Attorney's. All rights reserved.

© 2012, Gruhin & Gruhin Attorney's. All rights reserved.

The 2012 Living Maintenance Rates were announced.
Maximum Living Maintenance Compensation Payment:    $809.00
Minimum Living Maintenance Compensation Payment:     $404.50

Living Maintenance is the compensation received by an injured worker who is participating in a qualified vocational rehabilitation program through the Ohio Bureau of Workers Compensation.  To be eligible for voc rehab, an injured worker must have received temporary total disability, received a permanent partial impairment award or be found MMI (maximum medical improvement).  The injured worker must also have permanent restrictions.

The Following are the Comprehensive Guidelines for referral to and acceptance into vocational rehabilitation in Ohio Workers’ Compensation Claims, pursuant to Ohio Administrative Code 4123-18-03 . You should discuss Voc Rehab, and every aspect of your OhioBWC claim, with a Board Certified Ohio Workers’ Compensation Board Certified Specialist Attorney.

Vocational rehabilitation is the process of restoring the vocational functioning of a worker who experiences an industrial injury or occupational disease and who voluntarily agrees to participate in vocational rehabilitation. Vocational rehabilitation services are focused on return to work and are not reimbursable from the surplus fund if solely directed toward the medical management of a claim.

Referrals for vocational rehabilitation services:

(1) Anyone can refer an injured worker for vocational rehabilitation services.
(2) The bureau shall determine the eligibility of an injured worker referred for vocational rehabilitation services.
(3) Once eligibility has been determined, the MCO shall contact the injured worker referred for vocational rehabilitation services within three working days.
(4) After the MCO contacts the injured worker, the MCO, with bureau oversight, shall determine the feasibility of the injured worker referred for vocational rehabilitation services.
(5) An injured worker shall not be able to participate in a vocational rehabilitation plan or receive vocational rehabilitation services until the injured worker has been determined to be both eligible and feasible for vocational rehabilitation services.

Eligibility for vocational rehabilitation services:

To be eligible for rehabilitation services the injured worker must meet the following criteria:
(1) Referred claim that is:
(a) A claim allowed by an order of the bureau of workers’ compensation or the industrial commission or of its hearing officers with eight or more days of lost time due to a work related injury; or
(b) A claim certified by a state university or state agency; or
(c) A claim certified by a self-insuring employer.
(2) The injured worker must have a significant impediment employment or the maintenance of employment as a direct result of the allowed conditions in the referred claim.
(3) The injured worker must have at least one of the following present in the referred claim:
(a) The injured worker is receiving or has been awarded temporary total, nonworking wage loss, or permanent total compensation for a period of time that must include the date of referral. For purposes of this section, payments made in lieu of temporary total compensation (e.g. salary continuation) shall be treated the same as temporary total compensation; or
(b) Granted a scheduled loss award under division (B) of section 4123.57 of the Revised Code; or
(c) Received or awarded a permanent partial award under division (A) of section 4123.57 of the Revised Code and has job restrictions as a result of that award documented by the physician of record and dated not more than one hundred eighty days prior to the date of referral; or
(d) Determined to have reached maximum medical improvement in the claim (with eight or more days of lost time due to a work related injury) by an order of the bureau or the industrial commission, or the injured worker’s physician of record has documented in writing that the injured worker has reached maximum medical improvement in the claim, and the injured worker is not currently receiving compensation and has job restrictions in the claim documented by the physician of record and dated not more than one hundred eighty days prior to the date of referral; or
(e) Is receiving job retention services to maintain employment or satisfies the criteria set forth in paragraph (E) of this rule on the date of referral; or
(f) Sustained a catastrophic injury claim and a vocational goal can be established.; or
(g) Was receiving living maintenance wage loss not more than ninety days prior to the date of referral, has continuing job restrictions documented by the physician of record as a result of the allowed conditions in the claim, and has lost his or her job through no fault of his or her own.
(4) The injured worker must not be working on the date of referral, with the exception of referral for job retention services.

 Eligibility for rehabilitation services for an employee of a state agency or state university employer.

Notwithstanding that an employee of a state agency or state university may not meet the eligibility criteria of paragraph (C)(3) of this rule, the employee shall be eligible for rehabilitation services where the employee meets the eligibility criteria of paragraph (C)(1)(b) of this rule and the employee and employer agree upon a program of rehabilitation services.

Job retention services.

(1) Job retention may be furnished when an injured worker is working and experiences a significant work-related problem as a direct result of the allowed conditions in the claim.
(2) Job retention services may be provided if:
(a) The injured worker has received temporary total compensation or salary continuation from an allowed claim with eight or more days of lost time due to a work related injury; and
(b) The physician of record provides a written statement in office notes or correspondence indicating that the injured worker has work limitations related to the allowed conditions in the claim that negatively impact the injured workers’ ability to maintain the injured worker’s employment.; and
(c) The injured worker’s employer describes the specific job task problems the injured worker is experiencing to the MCO and the MCO documents these problems in the claim. The MCO shall include a statement describing why the injured worker needs job retention services to maintain employment.

Non-eligibility for vocational rehabilitation services.

The injured worker is not eligible for vocational rehabilitation services and such services shall be terminated:(1) After the effective date of a lump sum settlement; or
(2) If the claim is subsequently disallowed by an order of the industrial commission, its district or staff hearing officers, or by an order of the court.

Diagnostic evaluations.

Prior to rehabilitation plan implementation, diagnostic evaluations may be used in determining feasibility for vocational rehabilitation services. Payment for such examination(s) and the vocational rehabilitation case management occurring during this period may be charged to the surplus fund.

Determination of feasibility for vocational rehabilitation services.

(1) Feasibility for vocational rehabilitation services means there is a reasonable probability that the injured worker will benefit from services at this time and return to work as a result of the services. Feasibility is initially determined at the time of referral and is assessed throughout the rehabilitation process.
(a) An injured worker is feasible for vocational rehabilitation services when a review of all available information demonstrates that it is likely the provision of such services will result in the injured worker returning to work.
(b) An injured worker is not feasible for vocational rehabilitation services when a review of all available information demonstrates that, in spite of the provision of such services, it is likely the injured worker will not return to work.
(c) “All available information” means records, documents, written and oral statements, and any and all medical, psychological, vocational, social, and historical data, of any kind whatsoever, developed in the claim through which vocational rehabilitation is sought or otherwise, that is relevant to the determination of an injured worker’s feasibility for vocational rehabilitation services.
(2) A determination of feasibility shall be written and shall enumerate all available information utilized in making the determination.

(I) Appeal process for vocational rehabilitation eligibility and feasibility determinations.

(1) Facts supporting a decision concerning either the acceptance or denial of an injured worker into vocational rehabilitation due to eligibility shall be documented in the bureau’s decision. Appeals of eligibility determinations shall be filed with the bureau within fourteen days of receipt of the bureau’s determination.

(2) Facts supporting a decision concerning either the acceptance or denial of an injured worker into vocational rehabilitation due to feasibility shall be documented in the MCO’s decision. Appeals of feasibility determinations shall be governed by the alternative dispute resolution process provided for in rule 4123-6-16 of the Administrative Code.

Injured worker’s right to compensation or benefits.

Denial of rehabilitation services will not affect an injured worker’s right to compensation or benefits under Chapters 4123., 4127., and 4131. of the Revised Code for which the injured worker otherwise qualifies.

© 2011, Gruhin & Gruhin Attorney's. All rights reserved.

The Ohio Bureau of Workers’ Compensation payment award rates for 2012 have been increased. The OhioBWC pays compensation based on the Full Weekly Wage (FWW) and Average Weekly Wage (AWW) earned by an injured worker for the one (1) year period prior to the the date of injury. Check out the charts for more information.

Once your wages are calculated, the FWW is used to pay Temporary Total Disability Compensation (TTD – the money paid when you are unable to work) for the 1st 12 weeks you cannot work due to your injury at 72% of the FWW.

Thereafter, the AWW is used to calculate the compensation payment amounts for 1) TTD paid week 13 and thereafter; 2) Wage Loss; Permanent Partial Disability; and 4) Permanent Total Disability.

For 2012, the Ohio Bureau of Workers’ Compensation has raised the payment rates.

¹ Rates of compensation are effective each year from January 1 through December 31.

² Wage loss is paid for a maximum of 200 weeks for injuries before August 25, 2006.  For injuries on or after that date, non-working wage loss can only be paid for 52 weeks, and working wage loss can be paid for 200 weeks. Only 26 weeks of non-working wage loss is counted against the 200 weeks which can be paid for working wage loss, meaning that the total maximum of wage loss compensation which can be paid for injuries on or after August 25, 2006 is 226 weeks.

³ The amputation award shows the weekly amount paid to everyone for amputation or loss of use, regardless of average weekly wage.

⁴ The top number is the permanent total maximum when the injured worker is not also receiving Social Security disability.  If the injured worker is receiving Social Security disability and permanent total, the permanent total maximum is the bottom number. If you are receiving Social Security Disability and are also receiving permanent total disability compensation under the Ohio workers’ compensation system, the amount of permanent total will be reduced by 1/3.

When you reach retirement age, Social Security will automatically switch you over to Social Security retirement. At that time, your workers’ compensation permanent total benefits should return to the full amount. For some people, it may make sense to switch over to Social Security retirement early.

⁵ The minimum for death benefits is 1/2 of the maximum shown.

© 2011, Gruhin & Gruhin Attorney's. All rights reserved.

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© 2011, Gruhin & Gruhin Attorney's. All rights reserved.

Do Lawyers Specialize in Work Comp?  Here’s a short ‘how-to’ guide on what you should look for when you need to Hire an Ohio Workers’ Comp Lawyer.

You’ve been injured in a workplace accident, now what? In today’s OhioBWC climate you should retain an Ohio workers’ comp attorney. And, it’s critically important find a lawyer who is Board Certified in Ohio Workers’ Compensation.

There’s a lot of attorneys out there who take on Ohio Work Comp Claims, but they might only be doing a few. Think about your family doctor. You go to him/her for chest pains and the doctor sends you to a board certified medical specialist. In that instance, a cadiologist.

Well, when you get hurt on the job and need an Ohio work comp lawyer, don’t you think you should look for a board certified Ohio work comp specialist attorney to take on your claim?

Before hiring a work comp lawyer, there are things to think about.

Call several attorneys who take Ohio Workers’ Compensation Claims. You should interview the lawyer, either by phone or in person, before making your  hiring decision. Check out their websites. See if there are client testimonials.

Interviewing Ohio Workers’ Comp Lawyers

After gathering the name of one or more Ohio workers’ comp lawyers, call each one to set up an initial consultation. This is a brief interview where you can introduce yourself and talk about your on-the-job accident. Make sure that you ask each lawyer you call if he/she is a Board Certified Ohio Workers’ Compensation Specialist Attorney. If not, it’s probably because he/she does not do that much work comp.

You can accomplish many goals at the initial consultation. You’ll learn about the attorney’s background, skills, and strategy. You’ll be able to get some feedback about the strength of your Ohio workers’ comp claim. You will be able to ‘get a feel’ as to whether this is the attorney you want to represent your legal interests. Remember, your decision will affect you and your family.

Get a free initial consultation. Ask if the lawyer charges for the initial meeting. If he/she does, call someone else.  Initial consultations should be free of charge.

Whether you are in Cleveland, Lorain, Elyria, Akron, Canton or any other part of Ohio, make sure you prepare ahead of time for your free initial consultation. Bring your questions with you, along with some writing materials to record the answers and bring any documents you have received from your injury claim.

Background & Experience

Ask the Ohio workers’ comp attorney about his or her background and experience. Questions can include:

• Are you a Board Certified Ohio Workers’ Compensation Specialist Attorney?
• How long have you been practicing Ohio Workers’ Compensation law?
• Do you take other kinds of cases? If so, what kinds? How many Ohio Work Comp Claims do you handle at any given time?
• Have you had a client before with a workplace accident similar to mine or with injuries like mine?

To understand or ‘get a feel’ of how the lawyer approaches Ohio workers’ comp claims, think about this:

• How do you approach handling Ohio workers’ comp claims?
• Do you aggressively seek as many allowances/awards as are available?
• What allowances/awards are available in an Ohio Work Comp Claim?
• When it comes to making a decision in my comp claim, do you communicate with the client?  Do you present various options to the client in the decision making process?
• Do you tell the client what you would do in the claim, if it was your injury, using your experience?

You should also ask the attorney what his/her opinion and assessment of the claim might be.

Fees

You’ve probably wondered how much an Ohio workers’ comp lawyer costs. The fee is usually a contingency fee. So getting a Board Certified Ohio Work Comp Specialist Attorney won’t cost more than the general practitioner who happens to take in work comp claims along with any other legal issue.  But you should ask how each lawyer you call handles fees. You should ask if the attorney charges by the hour? If so, how much?

What is the contingency percentage you take of funds I receive. What funds are subject to contingency fees?

Hiring an Ohio Workers’ Compensation Lawyer

Once you’ve talked or met with each attorney on your list, it’s time to choose one to represent you. If you only interviewed one and he or she was fantastic or if you interviewed several but one was a real stand-out, than your decision is easy.

After you have gone through the interview process, you should have the answer to the most important question: Which is the best attorney to handle your Ohio workers’ compensation claim? When you have this answer, you are ready to move forward in your efforts to get compensation for your workplace accident and injuries.

There are many nuances to a BWC claim. There are time limits and taking the wrong course of action can severely impact on any Ohio BWC claim.

Call Mike Gruhin, The Comp Specialist, to discuss any aspect of your Ohio Workers’ Compensation Claim. Act now, Call now!

Additional Resources

Gruhin & Gruhin, Attorneys
Gruhin & Gruhin Facebook Fan Page
Mike Gruhin’s Personal Facebook Page

© 2011, Gruhin & Gruhin Attorney’s. All rights reserved.

© 2011, Gruhin & Gruhin Attorney's. All rights reserved.

For more information and to make your informed decision check out all of the ISSUE 2 ramifications.

© 2011, Gruhin & Gruhin Attorney's. All rights reserved.

Don’t make a mistake and take the wrong action in your Ohio BWC claim. You should discuss your claim with a Board Certified Ohio Workers’ Compensation Specialist Attorney.

Under current Ohio Law, employees who voluntarily resign employment, even though the employee has an active and ongoing workers’ compensation claim, are ineligible to receive temporary total disability compensation even though, after the voluntary abandonment, the injured worker underwent surgery for the allowed conditions in the Ohio Workers’ Compensation claim. State ex rel. Lackey v. Indus. Comm., 129 Ohio St.3d 119, 2011-Ohio-3089.

Based on Ohio Law, before an injured worker decides to terminate employment, either by retiring or quitting, it is critical to discuss this decision with a Board Certified Ohio Workers’ Compensation Specialist Attorney. Without a thorough review of your situation with a Certified Specialist you could run into serious trouble in obtaining certain money benefits (Temporary Total Disability-TTD, Wage Loss-WL, Permanent Total Disability-PTD) in your OhioBWC claim.

The Ohio Supreme Court stated that temporary total disability must arise from a condition that was caused by the industrial injury and, to be payable, where the injured worker has not voluntarily left or abandoned the work force.

Additionally, Ohio Law holds that termination of an employee’s employment for cause (violation of work rule, etc.)  is also considered a voluntary abandonment of employment, precluding the payment of TTD.

Thus, the only way an injured worker can obtain TTD benefits once a voluntary abandonment of employment has been found to have taken place is to find other employment and re-enter the job market. Once re-entry has taken place, should the injured worker then become unable to perform job duties as a direct result of the allowed BWC claim conditions and is prevented from performing his/her job duties, at the new place of employment, due to the originally allowed conditions, then the injured worker would again be eligible to seek TTD benefits (or, in the appropriate circumstances, Permanent Total Disability – PTD benfits) in the previously allowed workers’ comp claim.

However, should a new injury or an aggravation to the prior condition take place at the new place of employment, this situation must be discussed with a Board Certified Workers’ Compensation Specialist Attorney. There are many nuances to a BWC claim. There are time limits and taking the wrong course of action can severely impact on any Ohio BWC claim.

Call Mike Gruhin, The Comp Specialist, to discuss any aspect of your Ohio Workers’ Compensation Claim. Act now, Call now!

Additional Resources

Gruhin & Gruhin, Attorneys
Gruhin & Gruhin Facebook Fan Page
Mike Gruhin’s Personal Facebook Page

© 2011, Gruhin & Gruhin Attorney's. All rights reserved.