News and Updates
Category: TTD
Clarifying "Direct Causation," Ohio Court sides with Employer
Last year, we told you about a case that left employers' use of the Voluntary Abandonment defense unclear, and could have long-term negative repercussions. Luckily, it’s been clarified by a recent ruling. The Supreme Court of Ohio officially interpreted a section of the Revised Code in a way that sincerely benefits employers. The employer, Autozone, was contesting claimant’s receipt of temporary total disability (TTD) compensation after an approved surgery that took place two months after the employer terminated the claimant for unrelated reasons. The claimant incurred a work-related injury in June of 2020, and returned to work on light duty following conservative treatment. The claimant was terminated in September 2020 for reasons unrelated to the claim. In November 2020, the claimant underwent an approved surgery for the allowed condition, and subsequently filed for TTD. Autozone argued that the claimant wasn’t entitled to TTD because there were no lost wages to replace - due to the claimant not working at the time of the surgery. The Industrial Commission greenlit the initial request for disability compensation starting on the surgery date. Autozone then filed an appeal with the Tenth Circuit Court of Appeals, requesting the order be vacated and the claimant be found ineligible for TTD. The court agreed with the Industrial Commission and rejected the employer’s argument to deny TTD. The employer then appealed to the Ohio Supreme
New Ruling on MMI to Impact TTD Termination
Earlier in March, the Ohio Supreme Court made a decision regarding Temporary Total Disability (TTD) that overrules a 25 year precedent set by another interpretation. In State ex rel. Dillon v Industrial Commission, the court ruled that an Ohio employer may request termination of a claimant’s TTD from the date an independent medical examination (IME) renders that claimant MMI, or Maximum Medical Improvement. MMI is the point in recovery where the claimant’s condition has stabilized, and any notable improvements going forward are unlikely. Ohio employers can now request that TTD payments are stopped on the date that MMI is determined by a medical provider, without waiting for the next Industrial Commission hearing that could be up to 60 days away. This case also sets a precedent that claimants are no longer eligible for continuing TTD payouts once they’ve reached MMI status. That means self-insured employers (and BWC) will have the ability to recover compensation overpayments that may have occurred after MMI was determined. Our friends at Roetzel & Andress have put together a more detailed explanation. If you have questions about how this this may impact your current, open claims, please reach out to your
The Big Myth About Salary Continuation
Since we get so many questions from clients and prospects about salary continuation, we published a white paper on the topic. A lot has changed in regards to how salary continuation can impact your policy and premiums, but no one else seems to be educating Ohio employers about it. We have all the details - just fill in the form below and you'll have the information at your
