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Northwest OH Legal Blog

Wednesday, September 20, 2017

Do NOT Withdraw Your Claim Before Talking to An Attorney


Typically, our claims involve individuals who are hurt at work, yet their employer’s fight their claims. While this their right, some employers are more aggressive than others. One case was particularly noteworthy and shows how employers are more concerned with paying as few claims as possible rather than compensating their employees with justifiable Workers’ Compensation injuries.

In this case, the claimant dislocated her wrist while lifting a heavy box at work. She filed a Workers’ Compensation claim.
Read more . . .


Tuesday, September 12, 2017

U.S. Department of Labor Proposes 18-Month Delay of Fiduciary Rule and Requests Comments


The Department of Labor (DOL) issued a propo​​sed rule​ extending the special transition period for key provisions of the fiduciary rule including the best interest contract exemption. The present transition period is from June 9, 2017, to January 1, 2018.
Read more . . .


Tuesday, August 29, 2017

Is My Claim Eligible for Permanent Total Disability?


There is a lot to consider with this question. Let’s start with the basic question of whether someone is eligible for Permanent Total Disability in the first place. The definition of Permanent Total Disability is found in the administrative code and “means the inability perform sustained remunerative employment due to the allowed conditions on the claim.”

The inability to work due to “allowed conditions on the claim” is important. An allowed condition is a medical diagnosis which has been determined by the Bureau of Workers Compensation or the Industrial Commission to be related to the workplace injury.


Read more . . .


Tuesday, August 8, 2017

Fifth Circuit Affirms Use of Single Document as SPD and Plan


A federal appellate court in the fifth circuit has affirmed a trial court’s holding that a single document can serve as both the formal plan document and the summary plan description (SPD) for an ERISA plan. The case is Rhea v. Alan Ritchey, Inc., 858 F.3d 340 (5th Cir.
Read more . . .


Tuesday, August 1, 2017

Federal Appellate Court Rules ERISA Does Not Preempt California Law Voiding Discretionary Clauses in Disability Plans


In a federal appellate court ruling on the limits of federal-law preemption under the Employee Retirement Income Security Act of 1974 (“ERISA”), the United States Court of Appeals for the Ninth Circuit has upheld a California law that takes away the right of insurers to have the final say on benefit determinations in disability plans.

Background.  Under the facts in Talana Orzechowski v. Boeing Co. Non-Union LTD Plan, et al.
Read more . . .


Friday, July 28, 2017

IS AMERICA MISSING THE MARK ON TRULY IMPORTANT BENEFITS?


Employees Often Need Employer’s Support When Caring for Loved Ones

In a new survey conducted by the Northeast Business Group on Health (NEBGH) in conjunction with the American Associate of Retired Persons (AARP), caregiving ranked among the highest ten employee benefits’ priorities for employees.  At least 129 benefits managers from larger U.S. corporations were asked to respond to questions regarding attitudes in their workplaces towards allowing employees time and supporting them for their caregiving responsibilities.  The survey included 76 employers with more than 5,000 employees, 40 employers with 1,000-5,000 employees and 13 employers with less than 1,000 employees.
Read more . . .


Tuesday, July 25, 2017

Recently Passed Legislation Changes Statute of Limitations for Workers Compensation Claims


The Ohio General Assembly recently passed a budget bill which also made changes to Ohio’s Workers Compensation laws. The changes are yet to take effect. All Injured Workers should be aware of three aspects of the legislation.

First, the statute of limitations to file a claim will be changed from two years to one year. Although this will not affect several claims, it is now even more important for Injured Workers to file their claims as soon as possible.
Read more . . .


Tuesday, July 18, 2017

Cognovit Notes Can Be Useful But Cannot Be Used For All Types of Loans


ERISA fringe benefit funds often use cognovit notes for repayment of delinquent employer fringe benefit contributions.  Cognovit notes offer certain advantages, since they permit the holder to take judgment on the delinquent balance in the event of default without engaging in protracted litigation.  The holder of the note simply files a complaint for the delinquent balance while an answer to the complaint is simultaneously filed with the court.  The answer is filed by an attorney, usually at the same law firm, confessing judgment on behalf of the delinquent payor on the note. 

Under a cognovit note, the payor authorizes any attorney in the State of Ohio to appear in court on the payor’s behalf and confess judgment.
Read more . . .


Tuesday, July 11, 2017

United States Department of Labor Initiates Review of Fiduciary Rule


On June 8, 2017, the United States Department of Labor (“DOL”) took a first step in its review of the DOL’s previously promulgated and highly anticipated fiduciary regulations (“Fiduciary Rule”), which were intended to better define who is a fiduciary and when related prohibited transaction exemptions apply with respect to plan participants’ retirement benefits.  The review was ordered by President Trump earlier in 2017.  That first step was the delivery to the White House Office of Management and Budget (“OMB”) of a request for information (“RFI”) regarding the Fiduciary Rule.

Background.  In April 2017, the DOL had extended by 60 days, to June 9, 2017, the compliance deadline for the Fiduciary Rule, including the applicability dates of the Best Interest Contract Exemption and the Class Exemption for Principal Transactions in Certain Assets Between Investment Advice Fiduciaries and Employee Benefit Plans and IRAs.
Read more . . .


Tuesday, June 20, 2017

Vocational Rehabilitation Through the BWC


Vocational Rehabilitation is a benefit provided by the BWC that all injured workers should be aware of. It is a service paid for by the BWC that gives Injured
Workers the support they need to return to their former jobs, or in the alternative, find new jobs with new employers.

When an injured worker is referred to vocational rehabilitation, he or she will be assessed to determine a rehabilitation plan. An injured worker’s previous job training, skills, education, and training will be considered. The purpose of this exercise is to determine if the injured workers is “feasible,” meaning it will be determined if there is a feasible plan to return the injured worker to the work force.
Read more . . .


Wednesday, June 14, 2017

United States: Department of Labor's New Fiduciary Rule Became Effective June 9, 2017


The U.S. Department of Labor (DOL) has announced that the new fiduciary conflict of interest rule and related exemptions will begin taking effect on June 9, 2017. However, the DOL also announced a relaxed enforcement standard for the rest of 2017

The rule expands the “investment advice fiduciary” definition under the Employee Retirement Income Security Act of 1974 (ERISA). These fiduciary standards require advisers to adhere to a best interest standard when making investment recommendations, charge no more than reasonable compensation for their services and refrain from making misleading statements.
Read more . . .


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With offices in Toledo and Lima, OH Allotta Farley Co., L.P.A. serves clients throughout northwest OH with various legal matters. Areas of service include Allen County, Ashland County, Auglaize County, Crawford County, Defiance County, Erie County, Fulton County, Hancock County, Hardin County, Henry County, Huron County, Lucas County, Marion County, Mercer County, Morrow County, Ottawa County, Paulding County, Putnam County, Richland County, Sandusky County, Seneca County, Van Wert County, Williams County, Wood County, Wyandot County.

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