In Haight v. Cheap Escape Co., 2nd Dist. No. 25983, 2014-Ohio-2447, sales personnel paid primarily by commission, challenged the constitutionality of Ohio’s definition of “employee” as used within the state’s minimum wage statute. The 2nd District Court of Appeals found that the definition as used in the statute was in conflict with the definition of “employee” found within the Ohio Constitution, and found the statute unconstitutional. Click here to read the case.
Read moreIn State ex rel. Johnson v. Indus. Comm., 10th Dist. No. 13AP-558, 2014-Ohio-2281, a maintenance employee attached a defective extension cord to a vacuum cleaner and received an electrical shock when trying to plug it into the wall. A workers’ compensation claim was allowed and the employee filed a VSSR alleging the company violated Ohio Admin. Code 4123:1-5-07(c), which requires employers to keep handheld portable powered tools in safe condition.
Read moreIn State ex rel. James v. Walmart Stores, Inc., 10th Dist. No. 13AP-3, 2014-Ohio-2279, a claimant with an allowed claim left his employment because he felt he was physically unable to do the job. He reentered the workforce but was subsequently terminated for excessive absenteeism. The Commission denied TTD compensation finding the claimant was not employed at the time of his disability and had no lost wages.
Read moreEffective June 18, 2014, the Commission revised Hearing Officer Manual Memo I5, which addresses the processing of compensation during the pendency of a court appeal pursuant to R.C. 4123.512. The revisions seek to clarify the processing of permanent partial disability compensation, scheduled loss awards, and awards for impaired earning capacity.
Read moreThe Industrial Commission announced the statewide hearing officer meeting with occur Monday, September 8, 2014 at the William Green Building in Columbus, Ohio. For more information, click here.
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