Supreme courts in several states have handed down workers' compensation-related rulings lately that, depending on where you sit at the table, are either brilliant or disastrous.
The Supreme Court of Ohio unanimously ruled against workers' compensation claimant Karen Jordan this month in a case focusing on payments for brand-name prescription drugs.
Jordan had been receiving workers' compensation benefits, including full payment for prescription drugs, since 1984. However, a 2005 administrative rule change set the maximum allowable payment for a brand-name drug at the cost of a pharmaceutically equivalent generic drug. When Jordan's prescription payments were reduced, she began her rounds of appeals to various commissions and courts. She was seeking a writ ordering Ohio's Industrial Commission to continue paying the cost of her brand-name prescription drugs despite the change, arguing that the rule violates the state constitution by retroactively infringing on a claimant's "vested right."
Recommended For You
Want to continue reading?
Become a Free PropertyCasualty360 Digital Reader
Your access to unlimited PropertyCasualty360 content isn’t changing.
Once you are an ALM digital member, you’ll receive:
- Breaking insurance news and analysis, on-site and via our newsletters and custom alerts
- Weekly Insurance Speak podcast featuring exclusive interviews with industry leaders
- Educational webcasts, white papers, and ebooks from industry thought leaders
- Critical converage of the employee benefits and financial advisory markets on our other ALM sites, BenefitsPRO and ThinkAdvisor
Already have an account? Sign In Now
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
