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Court of Appeals Finds Definition of Employee in Minimum Wage Statute Unconstitutional
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.
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Court Of Appeals Holds a Defective Extension Cord Sold Separately From the Vacuum Cleaner For Which It Is Used Is A Powered Tool For Purposes Of A VSSR
In 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.
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Court of Appeals Finds Voluntary Abandonment Unclear; Remands Case Back To The Commission
In 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.
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Commission Clarifies Hearing Officer Manual Memo I5
Effective 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.
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Statewide Hearing Officer Meeting to Occur Monday, September 8, 2014
The 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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