Resources

Client Alerts, News Articles, Blog Posts, & Multimedia

Everything you need to know about BMD and the industry.

Workers’ Compensation Claims and COVID-19

Can one of my employees file a workers’ compensation claim if they claim that they contracted coronavirus at work?

We get that question a lot. Yes, they can, but you should oppose any application for coverage if you receive one.

Generally, the claim will not be granted unless the employee has a job that poses a special hazard or risk of exposure to the virus and the employee can prove that he or she contracted the virus at work.

Under Ohio law, compensable occupational diseases are those diseases that arise from employment activity. Because coronavirus can be contracted in a variety of different ways outside the workplace, it is presumed that the illness was contracted outside of work. Thus, it is very difficult for an employee tie his or her illness to the workplace.

Some states, such as Minnesota and California, have created a rebuttable presumption in favor of first responders and healthcare workers. This presumption assumes that these workers contracted COVID-19 at work unless their employer can prove that they contracted it outside of work.

As of May 29, 2020, seven bills have been introduced in the Ohio General Assembly proposing some version of the rebuttable presumption in favor of first responders (police officers, firefighters and EMT’s), corrections officers, nursing home workers, healthcare workers, retail food establishment workers, food processing establishment workers. 

One bill, H.B. 573, seeks the presumption for any employee required by their employer to work outside of their home during the state-declared public health emergency. This is likely a bridge too far for the Ohio General Assembly.

The bill closest to becoming law is H.B. 606.  This bill passed the Ohio House on May 28, 2020 and will now move on to the Ohio Senate. H.B. 606 would create a rebuttable presumption that the following workers are eligible for workers’ compensation if they contract COVID-19 between March 9, 2020 and December 31, 2020:

  • peace officers (police department employees, housing authority officers, state university law enforcement, public safety officers, ODNR law enforcement, and others);
  • firefighters (paid or volunteer);
  • emergency medical workers (paid or volunteer first responders, technicians and paramedics);
  • corrections officers (adult and juvenile);
  • employees of retail food establishments (any employer that uses its premises, in whole or in part, to store, process, prepare, manufacture, or otherwise hold or handle food for retail sale to the ultimate consumer – yes, this would include food trucks); and
  • employees of food processing establishments (any employer that that uses its premises, in whole or in part, to process, package, manufacture or otherwise hold or handle for distribution to another location or for sale at wholesale).

For additional information, please contact Adam D. Fuller, adfuller@bmdllc.com or 330.374.6737, or any member of the L+E Team at BMD.

Explosive Growth in Pot of Gold Opportunity for Bank (and Other) Cannabis Lenders Driving Erosion of the Barriers

Our original article on bank lending to the cannabis industry anticipated that the convergence of interest between banks and the cannabis industry would draw more and larger banks to the industry. Banks were awash in liquidity with limited deployment options, while bankable cannabis businesses had rapidly growing needs for more and lower cost credit. Since then, the pot of gold opportunity for banks to lend into the cannabis industry has grown exponentially due to a combination of market constraints on equity causing a dramatic shift to debt and the ever-increasing capital needs of one of the country’s fastest growing industries. At the same time, hurdles to entry of new banks are being systematically cleared as the yellow brick road to the cannabis industry’s access to the financial markets is being paved, brick by brick, by the progressively increasing number and size of banks that are now entering the market.

2021 EEOC Charge Statistics: Retaliation & Impact of Remote Work

The U.S. Equal Employment Opportunity Commission (EEOC) released its detailed information on workplace discrimination charges it received in 2021. Unsurprisingly, for the second year in a row, the total number of charges decreased as COVID-19 either shut down workplaces or disconnected employees from each other. In 2021, the agency received a total of approximately 61,000 workplace discrimination charges - the fewest in 25 years by a wide margin. For reference, the agency received over 67,000 charges in 2020, and averaged almost 90,000 charges per year over the previous 10 years.

Ohio’s Managed Care Overhaul Delayed – New Implementation Timeline

At the direction of Governor Mike DeWine, the Ohio Department of Medicaid (ODM) launched the Medicaid Managed Care Procurement process in 2019. ODM’s stated vision for the procurement was to focus on people and not just the business of managed care. This is the first structural change to Ohio’s managed care system since the Centers for Medicare & Medicaid Services' (CMS) approval of Ohio’s Medicaid program in 2005. Initially, all of the new managed care programs were supposed to be implemented starting on July 1, 2022. However, ODM Director Maureen Corcoran recently confirmed that this date will be pushed back for several managed care-related programs.

Laboratory Specimen Collection Arrangements with Contract Hospitals - OIG Advisory Opinion 22-09

On April 28, 2022, the Department of Health and Human Services, Office of Inspector General (“OIG”) published an Advisory Opinion[1] in which it evaluated a proposed arrangement where a network of clinical laboratories (the “Requestor”) would compensate hospitals (each a “Contract Hospital”) for specimen collection, processing, and handling services (“Collection Services”) for laboratory tests furnished by the Requestor (the “Proposed Arrangement”). The OIG concluded that the Proposed Arrangement would generate prohibited remuneration under the federal Anti-Kickback Statute (“AKS”) if the requisite intent were present. This is due to both the possibility that the proposed per-patient-encounter fee would be used to induce or reward referrals to Requestor and the associated risk of improperly steering patients to Requestor.

Property Owner Protection from Tax Valuation Challenges

New legislation provides significant new protections for commercial property owners against challenges to valuation primarily by local school boards and prohibiting side agreements to avoid tax valuation changes. The Ohio Legislature has approved House Bill 126 which will go into effect July 2022 but will effectively apply to the 2023 tax valuation year.