Federal Judge Puts New DOL Overtime Regulations on Ice
With only a week before its December 1 effective date, a Federal District Court Judge in Texas has entered a nationwide injunction halting the implementation of the DOL’s new overtime regulations. In his ruling, Judge Amos Mazzant found while the DOL has authority to change the duties portion of the overtime exempt test (which were left unchanged in the recently released regulations), it did not have the authority to change the salary basis amounts.
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Ohio Supreme Court Schedules Oral Arguments in Ferguson and Clendenin
Previously, the Comp Connection reported that the Ohio Supreme Court accepted jurisdiction over Ferguson v. State of Ohio, 2015-Ohio-4499 and Clendenin v. Girl Scouts of Western Ohio, 2015-Ohio-4506, both of which are important cases. Ferguson involves the constitutionality of R.C. 4123.512(D), which requires claimants to obtain the consent of an employer to voluntarily dismiss a complaint in court in an employer appeal. Ferguson will be argued before the Court on February 28, 2017.
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10th District Court of Appeals Finds Commission Properly Denied Accrued TTD Compensation to Widow-Claimant
In State ex rel. Sanders v. Indus. Comm., 2016-Ohio-7704 Thomas Sanders (“decedent”) had an allowed claim for which he received compensation and benefits. Upon a finding that the original allowances in the claim had reached maximum medical improvement (“MMI”), decedent moved the Commission to allow his claim for additional conditions.
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Court of Appeals Holds Opinions of Non-Testifying Doctors Inadmissible
In Williams v. Minute Men Select, Inc., 2016-Ohio-7509, the 5th District Court of Appeals examined whether the trial court properly excluded from evidence the opinions of non-testifying doctors.
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The claimant had an allowed workers’ compensation claim for injuries to her ankle, which included the following allowances: left ankle bimalleolar fracture, major depressive disorder, pain disorder, and post-operation wound infection, left ankle.
Industrial Commission Amends Rules
The Industrial Commission will hold a public hearing on December 12, 2016 to consider comments to the proposed amendments to the following rules: Ohio Admin.Code 4121-3-10 Lump sum payments for attorney’s fees for securing an award, Ohio Admin.Code 4121-3-15 Percentage of permanent partial disability, Ohio Admin.Code 4121-3-32 Temporary disability, and Ohio Admin.Code 4121-3-34 Permanent total disability.
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