Monthly Archives: April 2014
  • OSHA’s Distracted Driving Initiative

    Motor Vehicle Accidents are the leading cause of worker fatalities year after year.  Distracted driving dramatically increases the risk of such crashes.  OSHA has partnered with the Department of Transportation to combat distracted driving.  Employers should prohibit any work policy or practice which requires or even encourages workers to text while driving.

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  • Court of Appeals Finds Statute of Limitations Did Not Begin to Run in Silicosis Claim

    In Weisenauer v. American Standard, Inc., 2014-Ohio-1569, a claimant filed a silicosis occupational disease claim three years after his employer closed its business.  The company appealed the administrative allowance of the claim to court on the ground the claim was barred by the statute of limitations in R.C. 4123.85.  In short, the employer’s position was the claimant failed to file his claim within two years of treatment or diagnosis.

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  • Court of Appeals Finds PTD Application May Be Processed Even When Some Allowed Conditions Have Not Reached MMI

    In State ex rel. Martin v. Springfield Twp., 2014-Ohio-1186, a claimant filed for PTD benefits despite the fact that all the allowed conditions had not reached maximum medical improvement (MMI).  The Commission denied the application under Ohio Admin.Code 4121-3-34(D)(1)(f), which provides a hearing officer shall deny a PTD application if “the condition remains temporary.

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  • Court of Appeals Denies Substantial Aggravation Claim

    In Strickler v. City of Columbus, 2014-Ohio-1380, a police officer filed a claim for substantial aggravation of pre-existing osteoarthritis of the right knee, which was disallowed administratively.  The claimant appealed to court, and after a bench trial, the trial court also disallowed the substantial aggravation condition because there was no evidence, before or after the injury, that the osteoarthritis predated the injury.  The court of appeals affirmed the trial court’s decision.

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  • Court of Appeals Upholds Loss of Use Award to Widow

    In Polyone Corporation v. Indus. Comm., 2014-Ohio-1376, a widow filed for loss of use benefits to which she believed her deceased husband would have been entitled under the law.  The decedent had an allowed workers’ compensation claim for angiosarcoma of the liver and was in a coma for four days before his death.  One of his physicians found the decedent had lost the use of all four extremities before death.  The widow filed for and was awarded loss of use compensation by the Commission.

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  • The Supreme Court of the United States Blocks OSHA’S ETS Regarding Vaccines but Enforces CMS MandateRead more


  • Bugbee & Conkle Proudly Welcomes The 2021 Solheim Cup to ToledoRead more

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