Success or failure in a workers’ compensation case often depends upon the testimony of an expert witness.  Here are some tips for how to get your expert ready to provide the most persuasive testimony on deposition.
The process really starts with the selection of the expert witness.  My preference is always for an expert who…

To those of you who read this blog regularly, I apologize for the lack of content for the past month of so.  Preparing seminar materials and the holidays got in the way of regularly posting.  So, in keeping with the title, this post is dedicated to the idea of simply beginning again.  It’s a concept…

For workers’ compensation attorneys and adjusters the best claim is a closed claim.  The best thing you can do for your clients is to get your claims to a place where they can settle.  Obviously this starts with the administrative process, but for the purpose of this post we’re going to focus on settling a…

On October 9, 2019 the Center for Medicare and Medicaid Services issued the Medicare Set-Aside Self Administration Toolkit.  Although I feel like I’m condemning myself to an eternity in a very bad place for encouraging such a huge consumption of paper, EVERY injured worker who is going to self-administer a workers’ compensation claim approved…

Whenever an employer reaches a settlement agreement with an employee who has open workers’ compensation claims, the employer should not forget about their potential obligations to protect Medicare’s interest in the settlement proceeds.  I’ve written about this issue several times in the past, so for more details, see my posts here:    Dealing With Medicare…

The Ohio Supreme Court recently terminated the permanent total disability (“PTD”) compensation of a man who was caught performing various horse-training and grooming activities at a racetrack in exchange for a waiver of housing and feeding expenses for the worker’s own horses.  In the case, (The State Ex Rel. Seibert v. Richard Cyr, Inc., 2019-Ohio-3341,…

In Ohio, an employee is not entitled to temporary total disability compensation if they have “voluntarily abandoned” their employment.  Voluntary abandonment is defined as violating a written work rule or policy that: (1) clearly defined the prohibited conduct, (2) was previously identified by the employer as a dischargeable offense, and (3) was known or should…