Split Supreme Court Says BWC Can't Recover Costs for Doctor's Record Review

A divided Ohio Supreme Court ruled that the expense paid by the Bureau of Workers’ Compensation for a doctor’s record review and report cannot be encompassed in its subrogation interest. Lamar Thomas suffered injuries in a work-related motor vehicle accident. The Bureau of Workers’ Compensation allowed Thomas’ initial claim for coverage, but he sought to have it expanded to include an aggravation of his preexisting degenerative disc disease and spondylolisthesis. The BWC hired Dr. Gerald Yosowitz to review Thomas’ medical records, and he opined that the c...