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Polofka & Van Berkom
Attorneys at Law
500 Madison Ave.
Suite 605
Toledo, OH 43604

419.244.5000
fax 419.241.1530

Polofka & Van Berkom News

June 28, 2010

The Ohio Bureau of Workers Compensation will be implementing rule changes that will affect a vast number of claims. 

The first change concerns the length of time a claim has no activity before the claim is considered "inactive."  This time period has been doubled, from one year to two years.  This is important because claims designated as "inactive" must be administratively "re-activated" before the BWC or its managed care organizations will process new requests for medical treatment approvals.  This change should result in more expediant processing of medical requests, while reducing administrative costs at all relevent levels.

A second change concerns the payment of scheduled loss awards to claimants who have lost the use of limbs or suffered amputation injuries.  The BWC has paid such awards in the past over an extended period of time, ranging from a few weeks to years.  With this change, all such awards will be paid in a single lump sum payment. 

These changes were brought about by the efforts of the BWC and the Ohio Association for Justice (OAJ).  The OAJ is comprised of Ohio attorneys, including Polofka & Van Berkom, who represent injury and disability victims.   

May 17, 2010

The Ohio Bureau of Workers' Compensation announced today it will be decreasing employers' premium rates by 3.9 percent effective July 1, 2010.  BWC Administrator, Marsha Ryan, stated the reduction was done pursuant to the Bureau's ongoing efforts to implement changes that were identified in a study completed by Deloitte Consulting, LLP.  According to the BWC announcement, the reduction of premiums is just one step in "making certain the amount paid by each employer matches the risk they bring to the system." 

 

April 20, 2010

The Social Security Administration recently released its data regarding the administrative process in making decisions on benefit applications.  The unfortunate truth is that Ohio ranks at the bottom in the amount of time it takes to obtain a hearing decision on an application for Social Security benefits.  The average time to obtain a hearing decision in Ohio is 19.7 months.  In contrast, the nationwide average of 14.7 months.  Thus, Ohioans are waiting an average of five months longer than the rest of the country for their hearing decisions.

"In response to this huge delay, our practice is to request what is called an 'on the record' decision whenever possible," said Toledo attorney Trevor Van Berkom.  "In many cases, we have ample evidence to support a favorable decision.  We get proactive and present the case in writing to the Hearing Office in an attempt to win the claim without the long wait for a hearing.  It's good for our clients to get a result much sooner, and it's good for Social Security in cutting down the backlog of cases waiting for hearings."

In the Toledo area, the Office of Disability Adjudication and Review is preparing to expand its capacity greatly.  It's understood that as many as ten new Administrative Law Judges will be assigned to Toledo in an effort to increase efficiency and reduce the backlog of claims waiting for decisions. 

March 10, 2010

Polofka & Van Berkom has introduced, FilePPD.com, an innovative new website offering help to workers' compensation claimants on a statewide basis.   Attorney Trevor Van Berkom: "FilePPD.com offers injured workers located anywhere in Ohio access to experienced lawyers when applying for the lump sum payment called 'Permanent Partial Disability.'  Many injured workers' don't even realize the money is available to them, or how to go about getting the amount they deserve.  We know the system and want to make our experience available to anyone in Ohio with a work injury claim.

We believe this is a first for Ohio.  We offer FilePPD.com make it easy to hire an experienced lawyer from the comfort of home.  "We are making access to the process easier, and this makes it convenient for someone with a work injury claim to obtain help from lawyers with years of experience." - Trevor Van Berkom.

February 04, 2010

Fortune Magazine reports today that for the first time in 25 years, Social Security is taking in less in taxes than it is paying in benefits.  For a detailed discussion and analysis of the decisions facing the governement as it seeks to maintain the viability of Social Security, follow the link below for the article in Fortune:

http://money.cnn.com/2009/07/29/news/economy/fixing_social_security.fortune/index.htm

January 28, 2010

Toledo-area physician, Dr. Jay Nielsen, is currently in Haiti providing medical and refuge assistance following the earthquake.  Dr. Nielsen has had a long-standing committment to Haiti as director of Missions International of America, a non-profit organization based in Perrysburg, Ohio.  He leads several mission trips each year.  Follow his Haiti blog at http://jayhaiti.blogspot.com/?source=mia

January 22, 2010

The Ohio Bureau of Workers Compensation has announced that the maximum workers' compensation benefit rate for an injury that occurs in 2010 will be $775.00 per week. The maximum rate for a 2009 injury was $767.00. Thus, this year's increase was just $9.00.  In comparison, the Pennsylvania weekly maximum compensation rate for 2010 is $845.00.  The 2010 Michigan maximum compensation rate is $746.00 per week; which is actually a $7.00 reduction from their 2009 maximum rate of $752.00 per week.
 

December 14, 2009

John Polofka has been named 2009-2010 Chairman of the Lawyers and Doctors Committee of the Toledo Bar Association.  The committee oversees the interprofessional relationships between lawyers and doctors in the Toledo, Ohio area.  John has been a member of the committee for several years; and has been a member of the Toledo Bar Association since his admission to practice law in 1980.  He practices primarily in the areas of workers' compensation and social security disability.

November 11, 2009

We at Polofka & Van Berkom, LLC. wish to take this time to Honor our nation's veterans and their families.  We appreciate the service and sacrifice these heros have made for all of us! 

November 02, 2009

The Ohio Bureau of Workers Compensation has implemented a policy requiring strict adherence to a requirement that injured workers submit a fully-completed copy of the C-84 Application for Temporary Total Disability.  Previously, the BWC had processed partially completed forms, with a medical certification, in many cases involving ongoing payment of compensation benefits.  In a related development, the BWC is now accepting electronically signed C-84 forms via the agency's website.