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only in Ohio?!

mushroomHRmushroomHR 583 Posts
in HR & Employment Law Vote Up0Vote Down
Have any of you ever had this happen in your state? We had an employee several years ago develop a work-related condition. He had an operation and eventually was released to come back to work full duty. A few weeks after returning we had a RIF and had to let him go. Of course he went to the bureau of workers' comp to collect disability stating his condition was still bothering him and he couldn't work. Since that time it appears that he has been working off and on and collecting temporary total disability.

Recently we found out that he was collecting temporary total disability from the bureau of workers' compensation as well as collecting unemployment comp.

There was a hearing at the bureau of workers' compensation about terminating his temporary total disability since he was able to work but wasn't, due to the fact that he was laid off.

Can you believe we lost the hearing and this guy is actually able to collect temporary total disability from workers' comp. as well as unemployment comp?! We even had an attorney representing us at the hearing. All of us are scratching our heads over this one. :-?
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  • 4 Comments sorted by Votes Date Added
  • Don DDon D 9,834 Posts
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    I can believe it would be either/or, but not both. Can you get a recount in Ohio?





    **When we do for others what they should do for themselves, we disempower them.**
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  • JM in ATLJM in ATL 305 Posts
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    Ah, Ohio. If I ever have the opportunity to do business in Ohio again, I will politely decline. Then I will run in the other direction as fast as possible screaming.

    Ohio is one of THE MOST non employER friendly states. Yes, I can truely believe your situation. I'm surprised that you don't have to pay him so ridiculous severance too!
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  • hrbankerhrbanker 243 Posts
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    This is probably why Workers Comp group rates have taken such a jump. The bureau was doing so well keeping costs in line and we had really nice group discounts. With rulings like this, it's no wonder they're losing money.
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  • HRannaHRanna 40 Posts
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    Yes, only in Ohio.

    Definitely appeal the decision if it was made at the District Hearing Officer level. There are some DHO's who are notorious for always finding for the employee (there's one in particular in Toledo who...well, O.K., never mind). You can go to the next level, with a Staff Hearing Officer, and give it a shot. Your TPA attorney should really push this.

    Also, check to see if this claim is even affecting your experience. If a claim is more then 5 years old, it will not affect your premiums. That does not make it O.K., but at least you don't take the direct hit or get kicked out of your group rating program.

    Last, consider an independent medical exam. They can be costly, but well worth it if the employe is obviously magnifying symptoms to get his doctor to put him off work. And demand restrictions -- I tell doctors they cannot put a person off work, they can only prescribe restrictions and then I will decide if there is work for him.

    With our system, it is very easy to become cynical and lose the will to go on with these claims, so good luck and keep fighting the good fight!
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