Garson & Johnson Law Blog

Can I get both Workers’ Comp and Social Security Disability?

Can I get both Workers’ Comp and Social Security Disability? Yes. Social Security Disability (SSDI) is a federally run program while Workers’ Compensation benefits are determined by the states. The sum of the 2 benefits cannot exceed 80% of your average current earnings. To qualify for Social Security Disability benefits, you must meet the government’s […]

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BWC Fallen Worker Memorial 2018

BWC Fallen Worker Memorial 2018 Honoring Fallen Workers on Labor Day Ohio Bureau of Workers’ Compensation honored the men and women who had been killed as the result of a workplace injury during the Fallen Workers Memorial 2018.  To the family and friends of these dedicated workers, we wish you peace to bring comfort, courage […]

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Did you say I’m getting Dwarf benefits? Wait, what?

Did you say I’m getting Dwarf benefits? Wait, what? Well yes and no. Pronounced “dwarf” the benefit is actually DWRF (Disabled Workers Relief Fund). DWRF is a type of Ohio workers’ compensation benefits provided to injured workers currently receiving permanent and total disability benefits. “Permanent and total disability (PTD) benefits pay a worker when that […]

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Prescriptions, Medicine and Ohio Workers’ Compensation

Prescriptions, Medicine and Ohio Workers’ Compensation Will the Ohio Workers’ Comp pay for my prescriptions for a work related injury? If your workers’ comp accident and injury were approved and allowed by Ohio BWC, then yes, workers’ comp will pay for your prescriptions prescribed by your comp doctor. I originally paid for the prescription. How […]

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Hearings

Hearings ATTENTION: Clients with hearings scheduled at the Cleveland Industrial Commission Office. Please be aware of the ongoing construction around the state building. Expect parking and walking delays because of the repairs and replacements. Industrial Commission- Cleveland ​615 Superior Ave. NW Cleveland, OH 44113-1898

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Local Fire Department uses BWC Grant to Improve Safety for Fire Fighters

Local Fire Department uses BWC Grant to Improve Safety for Fire Fighters In January 2017, the NEW OHIO WORKERS COMP LAW SIGNED TO HELP FIRE FIGHTERS WITH CANCER revealed a new law to help Ohio firefighters with cancer to receive workers’ compensation benefits.  Then in November 2017, OHIO BWC INITIATES FIREFIGHTER EXPOSURE GRANT PROGRAM discussed grants available to fire […]

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Who pays workers compensation claims in Ohio?

Who pays workers compensation claims in Ohio? State Funded Employers? The Ohio BWC In Ohio, the majority of businesses pay for workers’ compensation insurance to the Ohio Bureau of Workers’ Compensation. Most likely, your employer is one of these businesses and is considered to be state funded. In those situations, the Ohio BWC will pay […]

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Nursing Home Worker Injuries: Highest Rate of Injury In Ohio

Nursing Home Worker Injuries: Highest Rate of Injury In Ohio At Garson Johnson, we represent many employees of nursing homes that have been injured because they are required to manually lift their patients. This nursing home in Sandusky, Ohio invested in technology that has prevented countless work place injuries. Unfortunately, they are in the minority […]

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I received Permanent Partial Disability payment. Is my workers’ comp case closed?

I received Permanent Partial Disability payment. Is my workers’ comp case closed? SCENARIO: Your attorney recommends filing a C92 to determine a percentage for your permanent partial disability. You attend the doctor’s exam. Great news! The BWC approved and determined the percentage. Congratulations, you’ve been awarded permanent partial disability benefits! But wait, does this mean […]

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Ohio Injured workers guide to medical treatment – Ohio BWC

Ohio Injured workers guide to medical treatment – Ohio BWC Are you trying to get medical treatment approved through the Ohio Bureau of Workers’ Compensation? If you have a claim with the Ohio Bureau of Workers’ Compensation, you probably already know this is a complex and often confusing system. When you get injured at work, […]

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Ohio Makes changes to Workers’ Comp laws with HB 27

Ohio Makes changes to Workers’ Comp laws with HB 27 Governor John Kasich signed House Bill 27 changing 7 areas of Ohio workers’ compensation law effective September 29, 2017. Here are the details you should know: ​ #1 ​ Deadline to File a Claim (Statute of Limitations) Before 9/29/17:::::24 months (2 years) from Date of […]

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Statute of Limitations in Ohio Workers’ Comp

Statute of Limitations in Ohio Workers’ Comp By Grace Szubski​ ​The legal term “statute of limitations” has significance in an Ohio workers’ compensation claim. In simple terms it means a “deadline” for taking some sort of action for or with a claim. Here are some significant deadlines: DEADLINE TO FILE A CLAIM First, there is […]

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SOCIAL MEDIA AND YOUR Workers’ Comp CLAIM

SOCIAL MEDIA AND YOUR Workers’ Comp CLAIM By Grace A. Szubski ​The pitfalls of social media are widely publicized. Your privacy on the internet should always be a concern. This is a particularly true if you have a pending workers’ compensation claim.  So this is a friendly reminder to be cautious about your posts on […]

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New ohio workers comp law signed to help fire fighters with cancer

New ohio workers comp law signed to help fire fighters with cancer WHAT IS THIS NEW LAW? ​On January 4, Governor Kasich signed into law the “Michael Louis Palumbo Jr. Act”. This new law was specifically passed for the benefit of Ohio’s fire fighters, whether voluntary or full time, who contract cancer. The bill creates […]

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Ohio Supreme Court Denies Permanent Partial Award in Workers’ Compensation PTD Claims

Ohio Supreme Court Denies Permanent Partial Award in Workers’ Compensation PTD Claims CASE SUMMARY: On December 8, 2016, the Ohio Supreme Court held in THE STATE EX REL OHIO PRESBYTERIAN RETIREMENT SERVICES,INC., APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLEES https://www.supremecourt.ohio.gov/rod/docs/pdf/0/2016/2016-Ohio-8024.pdf. that Sherry Redwine, an injured worker could not receive an award of Permanent […]

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AFL-CIO recently published “Death on the Job: The Toll of Neglect”

AFL-CIO recently published “Death on the Job: The Toll of Neglect” Why do workers continue to die in the workplace in light of all the technological advances that have been made?  The answer is that worker safety is a low priority due to lack of government oversight.  Non enforcement of safety laws and regulations puts […]

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Is my job protected if I have a workers comp claim in Ohio?

Is my job protected if I have a workers comp claim in Ohio? Check out Attorney Johnson’s answer to this frequently asked question.

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MCO Open Enrollment Impacts Injured Workers

MCO Open Enrollment Impacts Injured Workers Every 2 years, Ohio businesses can choose a new Managed Care Organization.  From May 2, 2016 to May 27, 2016, Ohio employers can review the effectiveness and the report card to confirm or change the MCO managing the businesses workers compensation claims.If you have a workers compensation claim, your […]

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Truck Driver’s Heart Attack is Workers Comp Claim

Truck Driver’s Heart Attack is Workers Comp Claim Ohio Truck Driver Dies of Heart Attack on the Road Doesn’t sound like a workers compensation claim?  Think again.  The dedicated wife of this truck driver spoke to several attorneys.  She had a story to tell and some serious concerns about the details of the accident. The other attorneys […]

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Ohio employers pay less but are Ohio injured workers getting what they need?

Ohio employers pay less but are Ohio injured workers getting what they need? Article II Section 35 of the Ohio Constitution ;  “For the purpose of providing compensation to workers and their dependents … laws may be passed establishing a state fund.”  This is why the injured worker fund is called the Workers’ Compensation System […]

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When you think all is lost, stay positive

When you think all is lost, stay positive While working as an EMT Apprentice, “Sam” was struck on the side of the road by a drunk driver.  The tragedy could have wrecked his life.  Sam lost his leg and had severe injury to his lungs making it difficult to breath.  Instead of giving up, Sam […]

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“Attentive and communicate very well…”

“Attentive and communicate very well…” My team (Jeff, Grace, & Lisa) are awesome and I greatly appreciate all they do on my behalf. My legal staff is attentive and they communicate very well with me regarding my case. One major perk is different members of their team handle different portions of my case. This gives […]

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Workers Comp ABC’s

Workers Comp ABC’s Ohio Workers’ Compensation ​ALPHABET From Start to Finish Attorneys, hearing officers, claim representatives and others often use abbreviations for terms pertinent to adjudicating an Ohio workers’ compensation claim. This can be confusing so here’s a glossary with some common abbreviations to help you navigate through the system:       A AWW Average […]

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Not All Workers Comp Attorneys Are Created Equal

Not All Workers Comp Attorneys Are Created Equal Actually, not many have the skills and abilities of Garson Johnson workers’ comp lawyers.  One injured worker was receiving permanent and total disability.  PTD is a type of disability that would pay him for the rest of his life, but denied him the ability to have gainful employment […]

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Thanks again! A special note from a Cleveland workers comp client.

Thanks again! A special note from a Cleveland workers comp client. Mr. Johnson, I just wanted to thank you for reopening my workmans comp case. The money came in handy.  I got to pay off a few bills. Thanks again. ​

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Handled my case with great integrity..

Handled my case with great integrity.. When Attorney Johnson signed on to LinkedIn yesterday, he found a nice note from a client.  This is what we mean by Clients. Not Cases. “I hope you understand sir, you have made a huge impact in my life sir. In my darkest days, you gave me hope that our Constitution […]

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What is a C 92?

What is a C 92? A C92 is an application for determination of a percentage of permanent partial disability or increase of permanent partial disability. As per the Ohio BWC Website: Injured workers should use this form to request a determination relative to a permanent disability which they have as a result of their work-related […]

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BWC Changes Procedure for Setting Wages in Ohio Comp Claims

BWC Changes Procedure for Setting Wages in Ohio Comp Claims The BWC changes the procedure for setting wages in workers comp claims. In an effort to more efficiently process claims, last year the Ohio Bureau of Workers’ Compensation began processing wages in one office.  The unintended result is that it now takes several weeks, if […]

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Ohio Workers Comp Amputation Award

Ohio Workers Comp Amputation Award When our client, a 41 year old diabetic maintenance worker with a local school system, broke his toe while on the job two years ago, he didn’t think too much about it. Big mistake. Our client, who continued on the job, not only didn’t take care of his sore toe he was non-compliant with his diabetic medication. Due to his lack […]

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The Demolition of Workers Compensation- Article by Michael Grabell

The Demolition of Workers Compensation- Article by Michael Grabell “I just saw this article which is very timely in light of a recent discussion with some union members about cost shifting comp cases onto the backs of others like the union. This is a scam that has been purposely devised to destroy work comp programs […]

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Why do we ask for all that paperwork?

Why do we ask for all that paperwork? by Grace Szubski We ask our workers’ compensation clients to send us their W2s and paystubs for a specific reason.  This documentation is needed to calculate wage rates in a claim. The compensation paid in a claim depends on an injured worker’s earnings six weeks prior to as well […]

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Why are the attorneys in Columbus so much?

Why are the attorneys in Columbus so much? By Grace Szubski Our clients may wonder why the attorneys in our office are in Columbus so often. Short answer, we’re working for you! Longer explanation, we travel to Columbus for a variety of reasons. Columbus is our State’s capitol city and many courts and state agencies […]

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Not just another case…

Not just another case… We explain on this website that our clients mean a great deal to us.  We believe in Clients. Not Cases.  This principal is very paramount.  This week one of our workers comp clients took an extra minute to confirm that this is also important to her too. Thank you,  your law […]

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Occupational Disease and Ohio Workers Comp

By Grace Szubski Occupational disease claims can be tricky.  One consideration is the statute of limitations date for filing a workers comp occupational disease claim under Ohio law.  Statute of limitations means the period that allows a claimant to file a workers’ compensation claim in a timely manner.  For work injuries the statute of limitations date […]

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Ohio BWC Honors Fallen Workers from 2014

Ohio BWC Honors Fallen Workers from 2014 On August 28, 2014, the Ohio Bureau of Workers’ Compensation honored Ohio workers who tragically lost their lives as a result of a workplace accident.  A complete list of names can be found on the BWC website. “Each life lost represents a hardworking Ohioan who left behind grieving loved […]

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Ohio Workers Comp: What is an allowed condition?

Ohio Workers Comp: What is an allowed condition? If you are to receive medical treatment or compensation from a work related injury, the medical condition must be allowed by the Ohio BWC.  Some examples of medical conditions allowed in a workers comp claim are herniated discs, fractures, amputation, torn ACL, PTSD and depression. The Ohio BWC […]

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Workers Comp Client Sends Sincere Thank You Email

Apology for not sending this until now,but sending this is important. Thank you for everything. I know I was one of the more (challenging) cases!  So many people helped me. However, without you, your counseling, advise, patience and guidance reaching this point would not have been possible. Thank you. (Worker’s Comp Client of Garson Johnson) […]

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Beware of Your “Friends” on Social Media

Beware of Your “Friends” on Social Media The Bureau of Workers Compensation appears to be using social media as a tool to investigate fraud.  On its website the BWC invites injured workers to “like” them on Facebook and Twitter. This allows the BWC access to all the personal and social activities individuals post on their Facebook or Twitter accounts. The more information the BWC gathers […]

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Injured Workers Rights in Ohio

Injured Workers Rights in Ohio Ohio has a unique workers compensation system.  While many states have a private workers comp insurance program, Ohio has a state funded system.    The BWC has posted a list of injured workers rights on the website.  For easy access, we’ve posted the list for you. ​As an injured worker in Ohio, […]

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Ohio Supreme Court Denied Payment of TT Due to Voluntary Abandonment of Employment

Ohio Supreme Court Denied Payment of TT Due to Voluntary Abandonment of Employment Ohio Supreme alert!  A recent decision by the Ohio Supreme Court denied the payment of temporary total disability due to a voluntary abandonment of employment.  The injured employee returned to work light duty. Within an hour the employee determined she could not […]

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What is a fast track settlement?

WHAT IS A FAST TRACK SETTLEMENT Fast track settlements are no longer part of the Ohio BWC settlement process.  In 2007-2009, the BWC tried to close out as many claims as possible and diminish the number of claims they held.  BWC had fast track programs that allowed attorneys to call the Bureau and settle 5 […]

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Workers Comp Settlement – Time Limit Is Only 5 Years

WORKERS COMP SETTLEMENT – TIME LIMIT IS ONLY 5 YEARS In 2006, the statue of limitations or the time limit to settle a claim was changed from 10 years to 5 years. This is EXTREMELY important for you to understand and talk to your attorney today. The clock begins ticking after the last date of […]

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Occupational Diseases – Get The Facts

OCCUPATIONAL DISEASES – GET THE FACTS Asbestosis, carpal tunnel syndrome, bursitis, lead poisening.  What do they have in common?  They are occupational diseases.  This is not a complete list, but you get the idea. What is an Occupational Disease?  An Occupational Disease is a disease or chronic ailment resulting from exposure to conditions or substances that are […]

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What to do if my Workers Comp Claim was Denied.

What to do if my Workers Comp Claim was Denied. So you’ve filed a FROI (First Report of Injury) with the Ohio Bureau of Workers Compensation, but your claim has been denied.  Why was your claim disallowed? (That is the terminology used by the BWC.)  A claim can be disallowed for many different reasons.  It […]

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Injured Workers Receiving Wage Loss- Goodwill Job Fair

Injured Workers Receiving Wage Loss- Goodwill Job Fair Injured workers seeking or receiving wage loss compensation may want to consider attending a job fair offered by Goodwill Industries on March 27th. Here’s a web link for details: http://www.goodwillgoodskills.org/cleveland-jobfest. If you attend the job fair, then prepare a written narrative of your experience as well as a […]

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Thanks to the hard working men and women of Ohio for allowing us to serve you. The workers comp system is very challenging. By no choice of their own, workers find themselves injured, off work, and desperate for answers and treatment. We are honored to focus on our clients not just their legal case. The best complement we receive is a referral from existing clients. The second best is their words of thanks and appreciation.

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