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Comp Connection

  • The Courts Address the Challenging Doctrine of Res Judicata

    Res Judicata is a legal concept which can be confusing to legal practitioners, especially in the area of workers compensation.  Res judicata is Latin and literally translates to “a matter adjudged.”  Res judicata bars re-litigation of a matter finally adjudicated by a court of competent jurisdiction involving the same parties and the same transaction or occurrence.  The doctrine bars all claims that were or could have been raised in the prior action.

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  • Labor, Employment, and Workers’ Compensation Seminar

    Join our experienced labor, employment, and workers’ compensation attorneys for a full day of free interactive learning.
    Adventures in Workers’ Compensation takes the audience through a choose your own journey experience in processing a workers’ comp claim. Audience members will evaluate and decide on issues including: certification, independent medical examinations, substantial aggravation, compensation issues, court, and settlement.

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  • Second District Court of Appeals Rules on Parking Lot Fight

    The mere fact that an injury occurs on company property during or near an employee’s work shift does not mean the injury is compensable under Ohio law.  Employers should be mindful to scrutinize all potential claims to determine whether the alleged injury occurs in the course of or arises out of employment.  A recent decision from the Second District Court of Appeals illustrates this point.
     
    In Garner v. Bur. of Work. Comp., 2nd Dist. Case No.

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  • Supreme Court Holds Mandamus is Appropriate When Commission’s Continuing Jurisdiction is Challenged

    When the Commission issues a decision on the allowance of a claim or an additional condition, such a decision is appealable to a common pleas court under R.C. 4123.512.

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  • Court of Appeals Finds A Logger is an Independent Contractor

    Independent Contractor status always depends on the facts of the case.  The important question for the Commission or a court is whether the worker has control over the means and manner of the work.
    In Green v. Bur. Of Work. Comp., 2018-Ohio-2618, the 4th District Court of Appeals examined whether there was sufficient evidence to find that a logger was an independent contractor, as opposed to an employee under the workers’ compensation law.

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News

  • Look In the Sky: It’s a Bird, It’s a Plane, It’s OSHARead more

Events

  • May 6-10 is the 6th Annual National Safety Stand-Down To Prevent Falls in ConstructionRead more

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