Gruhin & Gruhin Attorney's » Mike Gruhin

Sorry for the delay in posting

Mike Gruhin — Thu, 17 Dec 2009 00:54:15 +0000

Hi all:

Please accept my apologies for the lack of posts over the past 2+ weeks, however we were busy preparing for an upcoming trial.

Now that the trial pressure is over, I will figure out what to post over the next few days. If anyone has a question about Ohio work injuries or the Ohio Bureau of Workers’ Compensation, please drop a post and we will be happy to respond.

Thanks to all who are members and those who just pass through. Happy holidays to all.

Mike Gruhin

Maximum Medical Improvement (MMI) – Now what?

Mike Gruhin — Wed, 21 Oct 2009 12:38:50 +0000

You are found to be at MMI. Your temporary total disability ends. Now what?

It depends on the specific facts of your claim, but in general the following actions can be taken:

1) see if your doctor feels that your claim can be amended to include a new diagnostic condition, either physical or emotional. If you obtain a new claim condition/allowance, you will have new and changed circumstances. You would be entitled to seek temporary total disability compensation from the date you were last paid.

2) At any time during your claim, while you are on Temporary Total Disability, you can seek entrance into Vocational Rehabilitation. In VocRehab, you are eligible to receive Living Maintenance compensation, which can lead to Living Maintenance Wage Loss for a period of 200 weeks for pre 8-25-06 claims and for a period of 125 weeks for post 8-25-06 workers’ compensation claims.

3) Go back to work and wait the statutory time to apply for your injury money. If you are returned to work with restrictions, you may be entitled to seek working wage loss. Again, depending on the actual date of your work injury, you are entitled to either 200 weeks of wage loss or 125 weeks of wage loss (see item 2 above for claim date requirements).

It is best if you discuss this finding of MMI with your attorney. If you don’t have an attorney, you should get one ASAP. Look for a Certified Ohio Bureau of Workers’ Compensation Specialist.

Feel free to call Mike Gruhin at Gruhin & Gruhin. He would be happy to discuss your claim with you.

Psychiatric Overlay – a flow through from your Work Injury

Mike Gruhin — Wed, 30 Sep 2009 13:06:56 +0000

Most people don’t think about the emotional consequences of an injury, but you should be aware of the fact that a depression component (or other emotional conditions) can be made part of your allowed Ohio work injury claim.

If you’ve been severely injured, if your injury has kept you off work for 6 months or more, if you injury has caused a dramatic change in your enjoyment of life (giving up hobbies, become reclusive, irritable, etc.) you need to consider whether you are suffering from a situation depression caused by your work injury.

Surprisingly, many attorneys are not ‘tuned-in’ to this type of work injury flow through claim. If you have discussed this with your attorney and have not gotten feed back that a psychiatric or psychological condition should be looked into, you probably need to find another lawyer!

At Gruhin & Gruhin, we have successfully obtained emotional overlay conditions for our workers’ compensation clients. We fight to make sure every needed condition is included in our client’s workers’ compensation claims.

If you don’t have an attorney in your Ohio Workers’ Compensation claim, call Mike Gruhin at Gruhin & Gruhin to discuss your claim. If you are unhappy with your attorney, call Mike for a second opinion. As always, initial consultations are free with no obligation to retain Gruhin & Gruhin in your legal case.

Call now 800-861-5555. If you are local, call 216-861-5555. Gruhin & Gruhin fights for you!

State & Municipal Workers – Injured?

Mike Gruhin — Wed, 30 Sep 2009 00:43:38 +0000

State & Municipal workers in Ohio may be eligible for Ohio Public Employee Retirement System (O.P.E.R.S.) Disability Benefits and Ohio Workers’ Compensation benefits as well.

Ask your lawyer in order to make sure you obtain all of the compensation to which you are entitled.

Don’t have a lawyer for your OhioBWC claim? Need a second opinion?

Call a Certified Workers’ Compensation Specialist Attorney – Know Your Rights!

Mike Gruhin is a Board Certified Bureau of Workers’ Compensation Specialist Attorney. Feel free to call to discuss your Ohio Work Injury. We are here to help.

Looking for Compensation from The Ohio Bureau of Workers’ Compensation?

Mike Gruhin — Tue, 29 Sep 2009 19:57:13 +0000

Trying to settle your Ohio Bureau of Workers’ Compensation Claim – if so, the BWC seems to be ‘anti-injured worker’ in reducing its indemnity and settlement payments.

A look at the OhioBWC Enterprise Report, September 2009 tells the story in a nutshell. Search on the terms indemnity and settlement when you open the report.

Indemnity benefits(which include settlements) for the quarter ending June 2009, were at the lowest level since at least Sept 05, by a huge amount.

And since then, the story gets even more grim for injured workers:

Starting in May, 2009 the BWC made compensation payments of $187 million.

The next 3 months show a spiralling trend – less and less money for injured workers:

In June 2009, the OhioBWC paid a total of $163 million in compensation, $14 million dollars of that money was used to pay Lump Sum Settlements.

In July 2009, the OhioBWC paid a total of $159 million in compensation, $12.5 million dollars of that money was used to pay Lump Sum Settlements.

In August 2009, the OhioBWC paid a total of $151 million in compensation, $3 million dollars of that money was used to pay Lump Sum Settlements and Permanent Partial Disability (PPD) Awards.

As can be seen this is quite a NEGATIVE TREND in the treatment of Ohio’s Injured Labor Force.

What can be done? Read the Post on How the Legislature took away your benefits – it was bad then, but it continues to get worse for the injured worker. Call your state representatives and complain. Tell them to make this situation right, or vote them out of office this November election.

If you need a Certified Bureau of Workers’ Compensation Lawyer to represent you in your claim, call Mike Gruhin at Gruhin & Gruhin (800) 861-5555. We are here to protect your legal rights.

We are hearing that over 90% of the medical authorization requests submitted are being denied by OhioBWC MCO organizations

Mike Gruhin — Sat, 26 Sep 2009 21:33:10 +0000

You are Injured on the job and your claim is allowed for the injury. Then your doctor of record requests authorization for medical treatment, specialist consults, and you get a denial from your MCO. (Medical Care Organization). What do you do?

It is unbelievable that with all of President Obama’s talk about health care, Ohio’s Injured Workers who have allowed claims cannot get the treatment they need and deserve. This isn’t even an issue of no coverage – there is plenty of coverage – the claim IS allowed.

Most people don’t know that the MCO makes its money by the amount of medical treatment it denies (saving the Ohio Bureau of Workers’ Compensation tons of money). So, is it any surprise that such a high percentage of medical requests are denied?

What has to be done is the filing of an appeal to the denial of treatment. In today’s climate at the OhioBWC, it too denies a majority of the medical treatment requests. However, there is redress to The Industrial Commission of Ohio, which is the administrative law judge division.

The bottom line. If your medical authorization is denied, file an appeal to the OhioBWC. Make sure you inform your lawyer that your medical treatment request has been denied. More often than not, with the right legal representation, the Industrial Commission will grant the medical treatment requested. But this requires attendance at an administrative law hearing.

The BWC has its lawyers, the employer has its lawyers. You, the injured worker, better have your own lawyer too. And, make certain that your lawyer is well versed in BWC law.

If you need representation in your Ohio Workers’ Compensation Claim, call Mike Gruhin at Gruhin & Gruhin. He is a Board Certified Workers’ Compensation Specialist Attorney. Let Gruhin & Gruhin fight for you and the benefits you deserve!

Treatment Denied – Medically Inactive Ohio Workers’ Compensation Claim

Mike Gruhin — Sat, 26 Sep 2009 18:16:42 +0000

Your OhioBWC Claim is Labelled Medically Inactive – Your medical bills are not being paid – Your medical care is in limbo – What can you do now?

Pursuant to The Ohio Bureau of Workers’ Compensation (www.ohiobwc.com), workers’ compensation claims become medically inactive after 14 months goes by without having the OhioBWC pay for claim related Medical Treatments, Prescription Medication, or Diagnostic Testing.

Don’t let that happen to you. If your claim is denied for medical treatment, you have the right to appeal the denial of treatment. Because there are time limits within which to appeal, you should do so immediately. Contact your lawyer and let him/her know what is going on in your claim. Take immediate action.

If you don’t have a workers’ compensation lawyer, call Mike Gruhin at Gruhin & Gruhin. Mike is a Board Certified Workers’ Compensation Specialist. Let Gruhin & Gruhin protect you when you get hurt on the job.

The moral of this post – if you have a workers’ compensation claim, you should see your doctor as needed, as determined by your physician, but at least once every 10-12 months. Don’t let your claim become labelled INACTIVE.

Hurt on the Job – How Do I Get Paid When I Can’t Work ?

Mike Gruhin — Sat, 26 Sep 2009 16:53:27 +0000

Temporary Total Disability

My injury hasn’t healed and I can’t go back to work yet – How do I get paid – How do I feed my family?

An injured worker who misses more than seven days of work as a result of their injury, may request payment of temporary total disability compensation. This is the compensation an injured worker receives during the period of inablity to return to work.

An injured worker who misses less than 7 days of work does not receive any temporary total disability compensation for the work days missed. The computation of days does not include the day you are injured or the day you return. The days counted include weekends, whether you work weekends or not.

If the worker is temporarily and totally disabled from working for less than twelve (12) weeks, compensation is paid based upon the worker’s earnings in the week prior to the injury (or earnings in the six (6) weeks prior to the injury). If the injured worker is unable to work for more than twelve weeks, the rate of compensation is based upon the worker’s average weekly wage for the year prior to the injury.

Compensation paid when you are unable to work as a result of an allowed Ohio BWC claim. Workers’ Compensation pays 72% of your Full Weekly Wage for the first 12 weeks you are unable to return to your job. From week 13 and on, you are paid at the rate of 66.667% (2/3) of your Average Weekly Wage. It is extremely important that your FWW and AWW are correctly set. If they are not, you will not receive the correct amount of weekly compensation payments.

If you have been hurt on the job, call Gruhin & Gruhin. The call is free and the advice is free.

Mike Gruhin is a Board Certified Ohio BWC Workers’ Compensation Specialist. You pay no more for a specialist. The contingency fee is the same – so why wouldn’t you want a specialist to represent you in your Ohio Workers’ Compensation claim.