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Comp Connection

  • Airline Attendant Injured While Returning From Dinner Not Entitled to Workers’ Compensation

    Injuries which occur outside the employer’s premises generally create challenges for the Commission and courts attempting to determine compensability.  The workers’ compensation statute requires that injuries occur “in the course of” employment and “arise out of employment” to be compensable.

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  • Court of Appeals Finds Internally Inconsistent Reports Cannot Support PTD

    Permanent total disability compensation is compensation of last resort and can be awarded only upon a showing by the claimant that he/she is incapable of sustained remunerative employment.  Although neither the workers’ compensation statute nor the administrative rules define sustained remunerative employment, the Ohio Supreme Court has held that part-time work may constitute sustained remunerative employment.

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  • The Santa ClausE Analysis

    At the beginning of the month, we circulated the video clip above from the movie the Santa Clause, in which Santa falls off a roof and appears to sustain injuries.  We posed the question: does Santa have a compensable workers’ compensation claim in Ohio?  We received several interesting responses, which reflect the difficulty in analyzing what appears to be a simple claim.
    The starting point in the analysis is R.C. 4123.

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  • Industrial Commission Amends 2 Rules, effective September 7, 2017

    Effective September 7, 2017, Ohio Admin.Code 4121-15-03 and 4121-3-18 were amended.
     
    Ohio Admin.Code 4121-15-03 governs the standards of conduct (i.e. ethical conduct) of Commission and Bureau employees, and follows the provisions of the Ohio ethics law contained in Chapters 102 and 2921 of the Revised Code.  Under Ohio Admin.

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  • Ohio Supreme Court Finds the “Consent Provision” in R.C. 4123.512(D) Constitutional

    In a decision which is extremely favorable to employers, the Ohio Supreme Court found the “consent provision” in R.C. 4123.512(D) constitutional, which means claimant must obtain an employer’s consent before voluntarily dismissing an employer-initiated appeal under Civ.R. 41(A).
     
    Ferguson v. State of Ohio, 2017-Ohio-7844 began as a declaratory judgment action in the Cuyahoga County Court of Common Pleas challenging the constitutionality of the consent provision of R.C. 4123.

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  • Ohio Ballot Board Certifies Recreational Marijuana ProposalRead more

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