To say things have been busy at Polofka & Van Berkom would be an understatement!  In June 2011 we moved into our new location at 4 Seagate in Downtown Toledo.  The new location has allowed us to be significantly closer to both the Social Security and Workers' Compensation hearing offices.  We are also finding the new building to be very welcoming and convenient to our clients.

Social Security disability hearings have kept us very busy.  Our new offices have an entire section dedicated to our Social Security case organization and preparation.  This is definately beneficial in light of the increased number of new disability cases we have taken.  In the last two months of this year we have Social Security hearings scheduled in almost every week.

Workers Compensation claims continue to be steady with considerable activity in the area of medical treatment disputes.  One troubling trend this year has been the virtual outsourcing of the BWC medical dispute orders to the managed care organizations.  We noticed the orders were not being electronically "signed" by a BWC employee anymore.  The orders are now apparently originating from outside the BWC.  The quality of the decision orders has fallen and has become "uneven" at best.  We are hopeful that the order-writing will return to the BWC, where the claim specialists are well-trained and experienced in reviewing the disputes and issuing orders after a fresh review of managed care organization decisions.  

The legal landscape is ever-changing.  In our years of practice, we have seen changes in the law, the economy, and even changes in the make-up of legal professionals we work with on a daily basis.  Change is sometimes good, and other times not so good.  We will continue to do our best to stay true to our mission to deliver quality representation to our clients. 

The Toledo office of the Industrial Commission of Ohio will be offering its frequent visitors, attorneys and representatives who appear before the Industrial Commission on a regular bases, the opportunity to obtain photo identification cards on May 10, 2011.  With the new ID cards, the regular visitors can avoid having to sign in on every visit by simply swiping the ID cards at a reader by the door.  

Injured workers will continue to check in at the front desk when they enter the Industrial Commission.  Anyone entering the Government Center in Toledo must also check in at the main level lobby by signing in and presenting identification at the security desks in the front and rear entrance of the building. 

Ohio Attorney Jodie Taylor has been appointed Chairperson of the Industrial Commission as one of the first appointments made by newly-seated Governor Kasich.  Ms. Taylor states in the press release: 

“As the new chairperson, one of my main focuses will be providing high-quality, productive and efficient hearings for employers and injured workers,” Taylor said. “If a change means an improvement in our hearing process, then those changes will be implemented swiftly and resourcefully.”

According to the biographical information in the press release, Ms. Taylor's law career includes having represented both injured workers and, more recently, employers in workers' compensation matters.  Ms. Taylor previously worked as an assistant to an IC Commissioner, where she performed legal and legislative research, assisted during hearings, and gained extensive understanding of the agency. 

In Ohio, there is no requirement that an injury be "witnessed" by another person to be compensable.  In most cases, an injury takes place near a co-worker or other person and therefore there is little question that the injurious event happened.  However, many injuries occur every day without anybody present except for the injured person. 

An employer or the BWC may question whether the injury occurred when an unwitnessed injury occurs.  But in reality, there should never be anything to worry about so long as the injured worker is being honest and consistent about what happened.  Will this prevent the employer from questioning an injury?  Not always.  But that is where experienced lawyers such as Polofka & Van Berkom come in.  In such cases, a successful argument includes outlining a consistent description of the injury, supportive medical documentation, and the lack of any other events that could account for an injured worker's injuries and symptoms.  

Have a question about a work injury?  Give us a call today and speak to our lawyers.