Ohio Supreme Court Clarifies the Continuing Jurisdiction of the Commission

R.C. 4123.52 provides the Industrial Commission has continuing jurisdiction to modify or change its former orders. Ohio courts have held the continuing jurisdiction of the Commission is limited to five circumstances:

new and changed circumstances,
fraud,
clear mistake of fact,
clear mistake of law, or
error by an inferior tribunal.

Court of Appeals Finds Claimant Found Guilty of Assaulting Employer Entitled to TTD Compensation

Recently, the 10th District Court of Appeals posed the following rhetorical question to itself: “Can you be accused of assaulting your boss, get fired, be convicted (by plea, no less) of the assault, be at least preliminarily barred by court order from even setting foot in that workplace, and then still gain subsequent temporary disability status under Workers’ Compensation in connection with your (former) job?” Upon reviewing an extensive record and impassioned arguments from the empl

The General Duty Clause and COVID-19

By: Carl Habekost, Esq.
chabekost@nullbugbeelawyers.com
 
The Occupational Safety and Health Act requires all employers to “…furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees…”  (Section 5(A)(1)).

Unpreventable Employee Misconduct and COVID-19

By: Carl Habekost, Esq.
chabekost@nullbugbeelawyers.com
As we gradually return to work during the COVID-19 crisis, employers are reviewing, revising and creating employment policies.  This is a good time, therefore, to review an affirmative defense available to employers that is based partly upon written safety policies.

The Path Forward: Safety & Legal Considerations to Prepare Your Workplace for Return Amid the COVID-19 Pandemic