Posts Tagged ohio bwc

Ohio Workers’ Compensation & Temporary Total Disability Pay – Be Aware!

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In Ohio, if you’re injured on the job and your claim is allowed, you may be entitled to receive temporary total disability compensation (TTD). This is the money you receive when you are unable to work. But, be aware of this fact so you don’t “punish” yourself and lose valuable compensation.  Read on. Read the rest of this entry »

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

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Older Ohio BWC Claims – Don’t Walk Away from Potentially THOUSANDS of dollars “Hidden” in your OhioBWC claim.

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It’s true – Most people just don’t know what to do with a work injury  – they don’t hire an attorney  – and they “walk away” from potentially thousands of dollars in compensation money.  Do you have an older Ohio BWC claim that no longer needs medical careDo you want the “hidden” money in that claim?  If so, read on! Read the rest of this entry »

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

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Ohio BWC Workers’ Compensation Subrogation – How can it be avoided?

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In the event of a 3rd party injury claim arising out of work, the Ohio BWC or the Self Insured Employer (whichever the case may be) has a right of subrogation against any funds the injured worker receives from the 3rd party action in order to recoup any funds it has paid out for wages and/or medical benefits in the BWC claim.

However, on January 14, 2011, the Ohio Sixth Appellate Division issued a decision in the case of State of Ohio Bureau of Workers’ Compensation v. Dernier, Court of Appeals No: L-10-1126, in which it held that a 3rd party tort claim which is settled before the filing of an Ohio Workers’ Compensation claim is not subject to subrogation by the OhioBWC (which would also be the same if the injured worker was employed by a self-insured employer).

So, if it is at all possible, should you be the victim of a 3rd party negligence action while you were on the job, you should seek settlement of the 3rd party tort claim prior to filing a claim for OhioBWC benefits.

There are time limits, so you should consult with a Board Certified Ohio Workers’ Compensation Specialist Attorney before you say or do the wrong thing. Mike Gruhin is a Board Certified Ohio BWC Specialist Attorney. Call now for a free, no obligation consultation.  Have your Ohio Workers’ Compensation Claim questions answered by n OhioBWC specialist lawyer.

 

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

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Ohio Work Comp – Aggravation of a Pre-Existing Condition

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Aggravation of Pre-Existing Condition in Ohio BWC Claims – under which rule does your claim fall ? Read the rest of this entry »

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

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OhioBWC – Maximum Medical Improvement – Now What?

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Maximum Medical Improvement – Now What?

At some point in your Ohio Workers’ Compensation Claim, an injured worker will be declared to have reached Maximum Medical Improvement (MMI) and Temporary Total Disability (TTD) will end. When that happens what do you do?


Without being represented by a Board Certified OhioBWC Specialist Attorney an injured workers options will be limited because he/she will not know how to navigate the Ohio BWC system. There are many avenues to take, if and when, found MMI.


With a Certified Specialist Attorneyyou will be counseled as to what comes next. It could be a new condition added to the claim, which then creates “New and Changed Circumstances”. With new and changed circumstances, TT can again be requested. Most likely, the Ohio BWC or the Ohio Industrial Commission most likely will reinstate TTD.


Another avenue to pursue is Vocational Rehabilitation (VOC) through the Ohio Bureau of Workers’ Compensation. If you are accepted into VOC, you will then be entitled to receive Living Maintenance Compensation (LM) while you are in the program. From that program there is an option to seek Wage Loss (WL), while you look for work (Non-Working Wage Loss) or when you get a job that pays less than you made when you were injured (less than your Average Weekely Wage (AWW).


For the information you need to protect yourself and your family, you should call Mike Gruhin, “The Comp Specialist”.


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

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Ohio BWC doctor must be OhioBWC Certified or BWC will not pay medical bills

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Just an FYI to anyone who has an Ohio Workers’ Compensation Claim – your medical providers MUST be Ohio BWC Certified Providers.  You are entitled to go to any doctor you want, however, the BWC does not have to pay for medical services rendered by a doctor who is not a Certified BWC Provider.

Click here to make sure your doctor is a Certified Medical Provider for the OhioBWC.

Mike Gruhin is a Board Certified Ohio Workers’ Compensation Specialist Attorney – you have OhioBWC questions? Mike Gruhin has the answers.  You should have a Certified Specialist representing your legal rights at the Ohio BWC and the Ohio Industrial Commission.

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

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Self Insured Employers and Ohio BWC Form C9

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A self-insured employer has 10 days to respond to an Ohio Workers’ Compensation  C9 Form request from the Physician of Record (POR).

You need to make certain that your POR keeps a fax transmittal sheet to prove the date the C9 was sent to the Sepf Insured Employer’s third party administrator (TPA).  Failure on the part of the SI employer to respond within the 10 day period, pursuant to OhioBWC rules, is considered permitting the treatment requested on the C9.

With regard to a state fund claim, the Ohio BWC has 3 days to respond.

If the SI Employer does not respond within 10 days, an injured worker can file a self-insured complaint with the Ohio BWC.

If you have a work comp claim with an Ohio Self Insured employer (SI), you need the representation of a Board Certified Ohio Workers’ Compensation Specialist Attorney.

Mike Gruhin is an OhioBWC certified specialist attorney.

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

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Ohio BWC Attorneys – Make Sure your Lawyer is a Certified Specialist !

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HOW DOES A LAWYER GET CERTIFIED AS AN OHIO WORKERS’ COMPENSATION SPECIALIST ATTORNEY?

All attorneys licensed to practice law in Ohio must have graduated from an accredited law school, passed an intensive examination, and attended continuing legal education courses as required by the Supreme Court of Ohio.

But, there are only 152 Board Certified Ohio Work Comp Specialist attorneys in the state. Why pay the same percentage fee for a non-specialist?  DID YOU KNOW that most lawyers taking Ohio Work Comp Cases ARE NOT Board Certified Specialists? Read the rest of this entry »

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

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Ohio Work Comp – Get Depression – Anxiety – Post Traumatic Stress Disorder Added to Your Claim

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Psychiatric injuries, which include anxiety, depression, chronic pain syndrome, and other emotional overlay injuries are compensable injuries through the Ohio BWC. However, they must be result as a flow through condition from the physical injury allowed in a workers’ compensation claim. Read the rest of this entry »

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

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Anyone who is returned to work after an OhioBWC work injury, with restrictions imposed by their doctor of record,  can apply for wage loss, if they earn less than the amount set as the Average Weekly Wage (AWW) in their claim.

There are several types of wage loss non-working wage loss working wage loss Vocational Rehabilitation wage loss
Wage loss can be granted by an OhioBWC Tentative Order, which if not appealed, will start payment of wage loss. However, if the injury employer appeals the granting of wage loss there will be a hearing at the Industrial Commission of Ohio.

If the Injured Worker is denied wage loss by the Ohio BWC, then if appealed by the Injured Worker, a hearing will be scheduled at the Industrial Commission of Ohio.

If you have an allowed Ohio Workers’ Comp Claim, you need to consult with a Board Certified Ohio BWC Specialist Attorney.  Call Mike Gruhin to discuss any questions you have related to Ohio Work Comp Wage Loss or any other issue involving your Ohio BWC claim.

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