An Ohio appellate court found that the State Industrial Commission erred in considering a worker was at maximum medical improvement when her treatment was interrupted due to pregnancy.
Johnel M. Foster worked for Staffing Solutions Inc. in Columbus when she slipped on ice and fell at work in January 2019, according to documents in State ex rel. Foster v. Industrial Commission filed Dec. 2 with the Court of Appeal for the 10th District of Ohio, Columbus.
Bureau of Workers & # 39; Compensation approved Ms. Fetal claim of a cervical spine sprain, a shoulder joint sprain and a tear in the rotator cuff. She began receiving temporary total disability benefits.
In September 2019, a doctor who examined Ms. Foster, who was then pregnant, that she had reached MMI because her treatment was paused due to her pregnancy. BWC then filed a motion to dismiss Ms. Foster Benefits.
In December 2019, a District Hearing Officer concluded that he had no jurisdiction to consider termination of benefits as no request for it was pending. Ms. Foster then filed a request for additional benefits.
In February 2020, a staff interrogation officer terminated Ms. Foster's claim. After the Industry Commission declined to consider further administrative appeals, it submitted a petition for exemption from mandamus.
A judge at the Court of Appeal recommended that the summons be granted and explained that the doctor stated in the record that Ms. Fetus would need to resume treatment after delivery
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