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Comp Connection

  • 10th District Court of Appeals Finds Radiculitis May Be a Compensable Condition

    In Ellis v. Columbus Developmental Center, 2018-Ohio-933, the claimant moved to allow her claim for lumbar radiculitis, as well as lumbar disc herniations at two levels.  Administratively, the Commission denied the claimant’s motion, leading the claimant to appeal to court pursuant to R.C. 4123.512.

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  • Ninth District Court of Appeals Holds Modification of a Parking Brake Amounts to Removal of a Safety Guard

    In Seaton v. City of Willoughby, 2018-Ohio-77, an employee of the City of Willoughby, who was an operator of an asphalt roller, died while working on a paving project to patch potholes.  While parked on a hill, the asphalt roller unexpectedly began to roll down a hill, causing the employee to jump off the roller.  The employee hit his head and he subsequently died from his injuries.  The administrator of his estate filed a wrongful death action.

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  • Supreme Court Holds Claimants Must Give Notice of Settlements in Subrogation Cases

    On April 19, 2018, the Ohio Supreme Court decided a very important case for self-insured employers who have subrogation rights under R.C. 4123.931.  In Bur. of Work. Comp. v. Verlinger, 2018-Ohio-148, the claimant filed a workers’ compensation claim for injuries arising from an automobile accident.  Initially, the Bureau denied the claim.  After referral to the Commission, a district hearing officer disallowed the claim.

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  • Airline Attendant Injured While Returning From Dinner Not Entitled to Workers’ Compensation

    Injuries which occur outside the employer’s premises generally create challenges for the Commission and courts attempting to determine compensability.  The workers’ compensation statute requires that injuries occur “in the course of” employment and “arise out of employment” to be compensable.

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  • Court of Appeals Finds Internally Inconsistent Reports Cannot Support PTD

    Permanent total disability compensation is compensation of last resort and can be awarded only upon a showing by the claimant that he/she is incapable of sustained remunerative employment.  Although neither the workers’ compensation statute nor the administrative rules define sustained remunerative employment, the Ohio Supreme Court has held that part-time work may constitute sustained remunerative employment.

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