Workers’ Compensation

Frost Brown Todd’s Labor and Employment Practice Group represents management in a full range of problems and issues that arise in the employer-employee or independent contractor context in Indiana, Kentucky, Ohio and Tennessee. Within the department, several attorneys devote a significant portion of their practices to representing employers in workers’ compensation matters before administrative and judicial tribunals throughout Indiana, Kentucky, Ohio and Tennessee.

As labor costs continue to escalate, it is imperative employers look to cost containment opportunities. Frost Brown Todd assists employers with the efficient management of workers’ compensation claims necessary to contain and reduce workers’ compensation costs.

Frost Brown Todd routinely advises employers concerning all aspects of the administration of workers’ compensation claims, including:

  • Advising employers regarding risk management and claims administration practices
  • Investigating workplace incidents/accidents and occupational disease claims
  • Obtaining, assessing and evaluating medical evidence
  • Assessing the value of claims
  • Assisting employers with decision to accept or contest claims
  • Preparing defenses and representing employers at administrative hearings before the Industrial Commission of Ohio
  • Monitoring claims regarding post-allowance issues such as terminating compensation, claim reactivation, permanent partial disability claims, motions for additional conditions, permanent total disability claims, requests for surgery or additional medical treatment and the necessity of continuing medical treatment
  • Defending employers in proceedings before the Kentucky Department of Workers’ Claims, including preparation of all necessary evidence presenting case to fact-finder both at the Arbitrator and Administrative Law Judge levels
  • Defending employers in hearings and full board appeals before the Indiana Workers Compensation Board
  • Defending employers in post-administrative appeals filed in common pleas courts throughout Ohio, including preparing pleadings, developing litigation strategy, deposing fact and expert witnesses, completing all activities necessary for trial preparation, representing employers at jury trials, and, where appropriate, negotiating and concluding settlements
  • Defending employers in post-administrative appeals filed in the Kentucky Court of Appeals, including appellate briefing, and, where appropriate, negotiating and concluding settlements
  • Defending employers in post full board appeals to the Indiana Court of Appeals and Indiana Supreme Court
  • Defending employers in intentional tort, workers’ compensation retaliation and violation of specific safety requirement (VSSR) actions in Ohio, Kentucky and Indiana
  • Assisting employers with the general administration of the workers’ compensation program, including:
    • Advising Ohio state-fund, Kentucky and Indiana employers regarding compliance with payroll reports, premium payments, manual classifications, group rating and related issues and representing employers administratively in their objections to same
    • Advising employers regarding obligations to assist employees in filing claims and other notification obligations to injured employees
    • Advising Kentucky and Indiana employers regarding filing obligations, including First Reports of Injury, Notice of Benefit Termination and other reports, including medical administration filings
    • Advising employers regarding non-compliance issues
    • Advising Ohio, Kentucky and Indiana self-insuring employers regarding compliance with Bureau of Workers’ Compensation rules and requirements necessary to self-administer workers’ compensation program
    • Defending Ohio, Kentucky and Indiana self-insured employers from self-insured complaints
    • Advising employers regarding cost containment practices, procedures and opportunities

The Labor and Employment Practice Group represents employers engaged in a wide variety of manufacturing, retail and service industries. Clients include self-insuring, insured and state-fund employers ranging in size from small privately-owned businesses with fewer than ten employees to large publicly owned corporations.