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Monthly Archives: February 2017
  • Court of Appeals Finds Claim for Death Benefits Where Decedent Was Killed By a Motorist While Walking Toward a Bus Stop Is Not Compensable

    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.

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  • Court of Appeals Finds Home Health Nurse’ Claim Not Barred by Coming and Going Rules

    The complexity of the “coming and going” rule has vexed Ohio courts for years.  Generally, fixed situs employees are not entitled to participate in the Workers’ Compensation Law when they are injured traveling to and from their place of employment.  The coming and going rule applies only to fixed-situs employees.

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  • Court of Appeals Finds Ward Decision Does Not Govern Subject Matter Jurisdiction

    Over a decade ago, the Ohio Supreme Court decided Ward v. Kroger, in which the court held a claimant in an R.C. 4123.512 appeal may seek to participate in the Workers’ Compensation law only for those conditions that were addressed in the administrative order from which the appeal is taken.  Workers’ compensation practitioners have regarded the pronouncement in Ward as setting forth the jurisdiction of the trial court in an R.C. 4123.

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  • Carl Habekost Discusses Medical Marijuana at Toledo Bar Association

    Toledo Bar Association Workers’ Compensation Committee Chairman, Carl Habekost, Esq., will discuss Ohio’s new medical marijuana law as it pertains to the workplace at the March 2, 2017 Workers’ Compensation Committee meeting. The Toledo Bar Association Workers’ Compensation Committee provides for its members a forum for discussion and exchange of ideas and information relevant to the issues which affect the practice of law in the area of workers compensation.

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  • 13th Annual Workers’ Compensation Seminar Offering HRCI

    Bugbee & Conkle’s 13th Annual Workers’ Compensation Seminar has officially been approved for 2.75 HRCI, and 3 SHRM PDC.  Join us for a day of interactive learning! We are discussing workers’ compensation topics including: medical marijuana and opioids in the workplace; “reasonable suspicion” v.

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