In a June 4, 2013 decision, the Supreme Court of Ohio held that an employee can only seek workers’ compensation benefits for a mental-health issue if that mental-health issue is the direct result of a physical injury.

The ruling came down in the case of Armstrong v. John R. Jurgensen Co. in which an employee filed a workers’ compensation claim for both physical injuries and post-traumatic stress suffered as a result of being involved in a trucking accident while working. The Ohio Bureau of Workers’ Compensation approved the employee’s claim for the physical injuries but not for the post-traumatic stress. The employee then sued for additional benefits to compensate the post-traumatic stress suffered. The Supreme Court sided with the Bureau after determining that, under Ohio law, workers’ compensation benefits must be connected to some physical injury. Based on this conclusion, the Court deferred to the finding in the lower court that the employee’s post-traumatic stress was not the direct result of any physical injuries and was thus not compensable under workers’ compensation law.

Ultimately, the Court drew the distinction here that an employee could receive workers’ compensation benefits for a mental-health issue that was caused by a physical injury suffered on the job but not for a mental-health issue caused by merely witnessing a traumatic event on the job. In this decision, the Court’s ruling turned on the expert testimony explaining the cause of the employee’s post-traumatic stress.

The Supreme Court of Ohio has issued a ruling in State ex rel. K&D Group, Inc. v. Buehrer (2013-Ohio-734) that will affect the determination of whether a business must assume the workers’ compensation claims of any company it acquires.

In 2004, K&D Enterprises contracted with Fame-Midamco to purchase an apartment complex that was managed by Mid-America. Before the closing on this sale, K&D Enterprises created a new company (Euclid-Richmond Gardens) and assigned its rights in the apartment complex to that new company. Euclid-Richmond Gardens then hired K&D Group, a property-management company, to operate the apartment complex.

In 2009, the Ohio Bureau of Workers’ Compensation audited K&D Group and determined that it was a successor in interest to the business operations of Mid-America. As a result, K&D Group was obligated to assume the workers’ compensation claims for which Mid-America was responsible. K&D Group appealed this determination by the Bureau, which resulted in the current decision by the Supreme Court of Ohio.

The Supreme Court ruled in favor of K&D Group, finding that it was not a successor in interest to Mid-America because Mid-America did not voluntarily transfer its business of managing the apartment complex to K&D Group. Rather, the transfer of Mid-America’s business to K&D Group occurred through several external transactions.

The Court noted that K&D Group’s hiring of Mid-America employees, its assumption of Mid-America’s tenants’ leases, and K&D Group having the same workers’ compensation manual numbers as Mid-America were facts insufficient to show that Mid-America had voluntarily transferred its business to K&D Group.

Because the Bureau could not show that Mid-America voluntarily transferred its business operations to K&D Group on these facts, the Court overturned the Bureau’s determination that K&D Group was a successor in interest to Mid-America’s workers’ compensation claims.

The Ohio Bureau of Workers’ Compensation (BWC) recently created an option, known as the “My Policy Page,” on its website which will allow employers to manage their workers’ compensation insurance policy online.

From the “My Policy Page,” employers can view the terms of their policy as well as any outstanding claims on the policy. The page will also notify employers of any opportunities for which they are eligible to reduce premiums.

To access the “My Policy Page,” employers must first log into their BWC e-account. At that point, they will be automatically directed to the online policy management platform. Once on this page, an employer can report its payroll, pay its premium, reprint coverage certificates, check outstanding balances, and update contact information among other options.

Employers who have not yet created an online BWC profile can do so by visiting www.ohiobwc.com. The Ohio BWC even offers a premium discount to employers who conduct their business online.

The Ohio Bureau of Workers’ Compensation is now offering grants to Ohio employers under its new Transitional Work Program. This program is designed to fund employers’ efforts to accommodate employees who suffered a workplace injury as those employees transition back into their work. The Bureau believes this program will reduce the length of workers’ compensation claims and thus save employers money while also ensuring the safety of employees.

To be eligible for a Transitional Work Grant, an employer must have been in existence for at least two years, have at least 11 employees, and have at least one lost-time claim. The following employer types are not eligible for a Transitional Work Grant: employers with elective coverage; employers that have previously received a Transitional Work Grant; and self-insuring employers and state agencies.

Once the Bureau approves an employer’s grant application, it will give the employer the opportunity to hire one of several accredited work developers who design transitional work programs that meet both the needs of the employer and the employee.

To file an application for a Transitional Work Grant or to contact the Bureau of Workers’ Compensation for more information about the grants, visit: http://www.ohiobwc.com/employer/forms/TransitionalWork/grant/default.aspx

The Ohio Bureau of Workers’ Compensation (BWC) Safety Intervention Program recently announced that it awarded $217,000 in grants to Ohio businesses for the month of September 2011. The Ohio BWC created this program to offer businesses incentive to engage in practices that will reduce workplace injuries and illnesses.

Private and public employers in Ohio are eligible for the grants. Businesses seeking funds from the program must first pledge an amount which the BWC will then match 2-to-1 for maximum grants of $40,000. For some examples of the ways in which Ohio businesses used their grant money to improve workplace safety, visit: https://www.ohiobwc.com/home/current/releases/2011/102711.asp

If you have questions concerning your business and the ways in which it can utilize resources such as the BWC Safety Intervention Program, DLM Legal can help. Contact us at info@dlmlegal.com or 216.635.0002.

The Ohio Bureau of Workers’ Compensation has devised a program, known as Grow Ohio, designed to promote job creation within the state. Under Grow Ohio, companies new to Ohio since July 1, 2011 will be given a 25 percent discount on their workers’ compensation premiums.

Grow Ohio will also provide new employers the opportunity to opt into the Group Experience Rating Program, which is normally not accessible to new employers until the first full policy year following the date they obtained workers’ compensation coverage. Depending on the specific characteristics of the business, this option could reduce premiums up to the maximum allowable amount of 51 percent.

New businesses will have 30 days to decide whether they will participate in the Group Experience Rating Program. At the end of this 30 day period, the 25 percent discount from the Grow Ohio program will be automatically applied.

Travelers Insurance has found that workers compensation claims peak during the summer months. If you own a small business, the best way to manage such a risk is to take a proactive approach. Travelers offers the following recommendations to do so:

First, small business owners should stress the importance of a safe work environment from the start – this includes screening potential employees based on their attitudes toward safety.

Travelers further recommends that business owners put in place a rigorous orientation program which would train new employees on proper safety techniques.

Small business owners should try their best to supervise employees in a way that will keep the work environment safe and productive.

Finally, every business needs a good reaction plan in the event an employee is injured on the job. This plan should include a way of getting an injured employee all the necessary medical attention he or she needs to return to work as soon as possible.

If you are a business owner and have questions concerning workers compensation claims, feel free to contact DLM Legal at 216.635.0002.