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Two cases are likely to land in the lap of the Ohio Supreme Court, which will be tasked with clarifying its holding in Ward v. Kroger, 106 Ohio St.3d 35, 2005-Ohio-3560 and the application of R.C. 4123.52, which imparts continuing jurisdiction on the Industrial Commission of Ohio. In Ward, the issue before the court was whether a claimant could litigate…
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Last Updated: 4.24.2020 @ 11:15 am DISCLAIMER: The following information is a guide, not intended to be used as legal advice, and no attorney client relationship is established by any communication through this website. Because every situation and every workplace is different we ask that you contact us with specific questions. ADA Q: May an ADA-covered employer send…
On June 14, 2021, the Industrial Commission announced it will resume conducting in-person workers’ compensation hearings on July 6, 2021. However, parties and their representatives have the option to appear and participate by Webex. It is unclear from the Commission’s website whether in-person attendance at hearings will become mandatory and how the Commission will address hearings requiring interpreters. Once the…
By: Mark Barnes [email protected] In the last 30 days, the CDC changed its mask guidance and pronounced that fully vaccinated individuals no longer need to wear masks. On June 2, 2021, the Ohio Department of Health’s COVID-19 order will expire, which means individuals and business will no longer be required to have social distancing and mask protocols. Numerous businesses already…
By: Mark Barnes [email protected] Under R.C. 4123.74, the benefits provided by Ohio’s workers’ compensation law are an employee’s exclusive remedy for injuries sustained in the course of and arising out of employment. An employer is immune from civil suits for work-related injuries if the employer has complied with the law by paying worker’s compensation premiums or is self-insured. However, employers remain liable for injuries resulting…
By: Mark Barnes [email protected] As we previously reported, in January of 2021, Governor Mike DeWine signed Ohio House Bill 308, which provides for compensation and benefits to public safety officers (a.k.a. “first responders”) who sustain a disability from post-traumatic stress disorder (PTSD) received in the course of and arising out of employment, but without a physical injury. House Bill 308…
On March 12, 2021, OSHA announced the COVID-19 National Emphasis Program (NEP) providing employers with notice of expected enforcement trends under the new Biden administration. Below are key points for consideration. One component of the NEP is targeted inspections of high hazard industries which provide a risk of COVID-19 infections. Employers in the health care sector would be considered high…
Kids’ Chance of Ohio is dedicated to raising money to provide scholarships for children who have had a parent rendered permanently and totally disabled or fatally injured as the result of an Ohio work-related injury or illness. Kids’ Chance of Ohio had a rough fundraising year. Their 2 biggest fundraising events were cancelled. Our colleagues in the workers’ compensation industry…
Individuals who contract the COVID-19 virus sometimes develop symptoms that last for months. Such individuals have been called “COVID-19 long haulers”. Safety and Human Resource professionals should be aware that COVID-19 long haulers may very well be covered under provisions of the Americans with Disabilities Act (ADA). The ADA defines “disability” generally to include: A physical or mental impairment that…