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Ohio House Bill 308 Seeks to Change Physical Injury Requirement for First Responder PTSD Claims
On February 12, 2020, Ohio House Representatives passed HB 308, by a vote of 74-22. HB 308 would amend several provisions of the Revised Code and, significantly, R.C. 4123.01. Under the proposed amendment to R.C 4123.01, Post Traumatic Stress Disorder (PTSD) claims filed by peace officers, firefighters or emergency medical workers would be compensable without an associated physical injury. In Armstrong. V. John R. Jurgensen Co., 136 Ohio St.
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Comp Connection
Employer Immunity
In Crew v. Advics Manufacturing Ohio, Inc., 2020-Ohio-328, 12th Dist., Case No. 18CV090620 (February 3, 2020), the claimant was a temporary employee, assigned to work for a company called Advics Manufacturing Ohio, Inc. (AMO), a self-insured employer. Accurate Personnel LLC supplied temporary employees to AMO pursuant to an agreement, which set forth the terms of the relationship between AMO and Accurate.
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10th District Court of Appeals Upholds Commission’s Voluntary Abandonment Finding After Termination Following a Progressive Discipline Policy
BY: Janelle Matuszak, Esq.
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In State ex rel. Reisinger v. Indus. Comm., 10th Dist. No. 18AP-621, 2019-Ohio-3344, claimant was terminated and subsequently filed a motion for temporary total disability compensation (TTD). The employer argued claimant was not entitled to TTD because he abandoned his former position of employment when he was terminated pursuant to a progressive discipline policy. First, he used his cell phone on the floor and received coaching.
Claimant’s Evidence Without a Physician’s Opinion on Impairment Insufficient to Support a Loss of Vision Award
BY: Janelle Matuszak, Esq.
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In State ex rel. Beyer v. Autoneum North America, ___Ohio St.3d ____, 2019-Ohio-3714, claimant had an allowed claim for pneumoconiosis as a result of exposure to silica. His treatment included long-term corticosteroid use which caused cataracts. His claim was additionally allowed for bilateral cataract syndrome on a flow-through basis. The claimant filed a motion for a loss of vision of the right eye award pursuant to R.C. 4123.
Governor Appoints Jim Hughes Chairman of the Industrial Commission
Effective July 1, 2019, Jim Hughes began a six-year term as chairman and the employee member of the Industrial Commission, replacing Thomas (Tim) Bainbridge. The Chairman oversees all administrative functions at the Commission in addition to adjudicating matters with the employer and public members of the Commission. Mr. Hughes’ background includes serving in the Ohio House of Representatives, the Ohio Senate, and various legislative committees.
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Court of Appeals Finds Employer’s Failure to Follow its Own Drug Policy Precludes Finding of Voluntary Abandonment
In State ex rel. Stallion Oilfield Construction, LLC v. Indus. Comm., 2019-Ohio-3174, the claimant had an allowed workers’ compensation claim for a back strain. The claimant returned to work in a light duty capacity. Pursuant to the company’s policy, the claimant submitted to a random drug test, which revealed positive test results for morphine, codeine, and opiates. Under the company’s work rules, an employee will be terminated if a drug test is positive.
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