The Commission has proposed amendments to two of its administrative rules: Ohio Admin.Code 4121-3-18 (Administrative Appeals) and Ohio Admin. Code 4121-15-03 (Standard of Conduct for Bureau and Commission employees).
The proposed amendment to Ohio Admin.Code 4121-3-18(B)(4) amends an appealing parties’ appeal deadline for parties electing to receive orders electronically.
Deb Bartoe joined Bugbee & Conkle’s workers’ compensation team in January of 2017. A Toledo native, Deb graduated in the top of her class at Waite High School before attending Owens Community College. She has since worked at a variety of law firms in the area before finding a home at Bugbee & Conkle, stating “I can honestly say that Bugbee & Conkle is my favorite out of all of them.Read more
In State ex rel. Sheets v. Indus. Comm., 2017-Ohio-1169, the claimant violated a work rule about a month before sustaining an injury at work. The company made its decision to terminate the claimant 3 days before the injury, which termination would become effective on the date of injury. The claimant’s physician disabled the claimant beginning on the date of injury. Administratively, the claimant requested temporary total compensation, which was granted by a DHO.Read more
In Clendendin v. Girl Scouts of Western Ohio, 2017-Ohio-2830, the Ohio Supreme Court addressed whether a decision of the Commission finding the claimant’s injury returned to pre-injury level under R.C. 4123.54 is not appealable pursuant to R.C. 4123.512. During the administrative proceedings of the claim, the Bureau moved the Commission to “abate [the claimant’s] claim for substantial aggravation of preexisting dermatomyositis.Read more
On December 8, 2016, the Ohio Supreme Court held Industrial Commission has no authority to award a claimant permanent partial disability compensation when the claimant has been previously found to be permanently totally disabled in same claim, even where PPD compensation is based on a different condition that is the basis of PTD compensation. State ex rel. Ohio Presbyterian Retirement Servs., Inc. v. Indus. Comm., 2016-Ohio-8024.Read more
In Molton v. The Kroger Company, 2017-Ohio-565, the 2nd District Court of Appeals found a death claim was not compensable under the coming and going rule. After the claimant finished her shift at work, she left the employer’s premises and began walking across a street toward a bus stop. While walking across a designated cross walk, a vehicle stuck and fatally injured the claimant. The guardian of her minor child filed a claim for death benefits.Read more