A LEGAL PROFESSIONAL ASSOCIATION

Seeley, Savidge, Ebert & Gourash Co., LPA

Photos courtsey of Mike Raby

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Workers Compensation

Seeley, Savidge, Ebert & Gourash Co., LPA   |   26600 Detroit Road, Suite 300   |   Westlake, Ohio  44145

 

TEL:  (216) 566-8200   |   FAX:  (216) 566-0213

Few employee benefits impact so drastically on a company’s bottom line as the unnecessary payment of Workers’ Compensation premiums or self-insured compensation benefits. Seeley, Savidge, Ebert & Gourash (SSE&G) employment attorneys have years of experience in managing and defending Workers’ Compensation claims before the Industrial Commission of Ohio and the Courts of Common Pleas throughout the state. SSE&G attorneys routinely appear before the Industrial Commission on issues of initial allowance of a claim, motions to further allow a claim for additional conditions, disputes over treatment, applications to reactivate a dormant claim, applications for permanent partial or permanent total disability, temporary total disability, and wage loss benefits.

 

Court Appeals

 

Many Workers’ Compensation matters end up in court. There, SSE&G attorneys have honed their litigation skills to vigorously defend such claims by scrutinizing the underlying facts and analyzing the medical issues. Experienced in ways to present Workers’ Compensation cases to juries from the employer’s prospective, SSE&G attorneys can obtain successful results and favorable settlements.

 

Certain matters involving questions as to extent of disability can only be reviewed by resorting to special proceedings – declaratory judgment or mandamus. While these proceedings are foreign to many lawyers, SSE&G attorneys are accustomed to implementing novel remedies to enforce employer’s rights. SSE&G has a history of producing significant legal precedent that has benefited all Ohio employers.

 

When Everything is at Stake

 

Under certain circumstances, an injured worker may bring an intentional tort action against the company or file a claim for violation of a specific safety requirement. If the employee is successful, these awards are paid directly by the employer. Rarely is insurance available to pay for such compensation. Although most intentional tort cases have been now legislatively outlawed, the claimant’s bar is mounting a constitutional challenge to the statutory prohibition of such suits.

 

Medical and Vocational Consultants

 

SSE&G attorneys are all well versed in the complex issues involved in Workers’ Compensation injuries and occupational diseases. SSE&G has access to networks of physicians and occupational specialists to consult with and testify, where necessary.

 

Managed Care

 

The Bureau of Workers’ Compensation has mandated that all employers utilize the services of Managed Care Organizations to reduce costs. As a result, the firm's extensive health care practice uniquely supplements the Workers’ Compensation Section of SSE&G. As managed care is merged into the Workers’ Compensation system, many new issues arise for employers, including, but not limited to, the use of case management, negligent credentialing, provider network adequacy, and utilization review concerns.

 

Interaction with Other Laws

 

Recent amendments to the Americans with Disabilities Act (ADA) and  the Family Medical Leave Act (FMLA), together with other state and federal laws affecting handicaps, disabilities and discrimination, require that all employment decisions involving injured workers  be carefully analyzed from many legal aspects, not only Workers’ Compensation. Because SSE&G Workers’ Compensation practitioners are also skilled employment lawyers, they are familiar with most complex employment issues.

 

Moreover Ohio law provides certain remedies to injured workers who claim discrimination on account of their having pursued a Worker’s Compensation claim. SSE&G attorneys have successfully defended many such cases which are routinely combined with other employment tort claims.

 

Subrogation and Indemnity

 

In certain situations, a self-insured employer can be reimbursed for its Worker's Compensation costs or, in the case of a state fund employer, credited its premium expense. If an injury or occupational disease has been caused by a defective product or the negligence of another, recovery from the tortfeasor may be available.

 

Cost Effective Representation

 

SSE&G maximizes the use of paralegals and other trained professionals to reduce costs while permitting the SSEG Workers’ Compensation attorneys to focus on the key issues. Billing rates are designed to permit the client to maintain a competitive edge.

 

Working with Third Party Administrators

 

Many companies retain the services of TPA’s to assist in the management of their Workers’ Compensation programs. SSE&G is accustomed to working with such providers to maximize the efficiencies of both organizations. TPA’s, however, are not law firms and, as such, are precluded by law and agreement with the Ohio State Bar Association from making legal arguments at hearings, cross-examining witnesses, and providing legal opinions. Most injured workers, on the other hand, are represented by attorneys who specialize in maximizing Workers’ Compensation benefits for their clients.

 
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