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Featured Item
COVID-19 Claims in Workers’ Compensation Arena
By: Mark Barnes
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mbarnes@nullbugbeelawyers.com
Since March, 2020, when Governor Mike DeWine declared a state emergency due to the novel coronavirus, the Ohio Workers’ Compensation system effectively slowed to a halt. The Director of Health’s Stay at Home order and increased spread of the virus dictated that the majority of Ohioans remain at home for several months.
Comp Connection
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
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Ohio House Bill 308 Seeks to Change Physical Injury Requirement for First Responder PTSD Claims
On February 12, 2020, Ohio House Representatives passed HB 308, by a vote of 74-22. HB 308 would amend several provisions of the Revised Code and, significantly, R.C. 4123.01. Under the proposed amendment to R.C 4123.01, Post Traumatic Stress Disorder (PTSD) claims filed by peace officers, firefighters or emergency medical workers would be compensable without an associated physical injury. In Armstrong. V. John R. Jurgensen Co., 136 Ohio St.
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Employer Immunity
In Crew v. Advics Manufacturing Ohio, Inc., 2020-Ohio-328, 12th Dist., Case No. 18CV090620 (February 3, 2020), the claimant was a temporary employee, assigned to work for a company called Advics Manufacturing Ohio, Inc. (AMO), a self-insured employer. Accurate Personnel LLC supplied temporary employees to AMO pursuant to an agreement, which set forth the terms of the relationship between AMO and Accurate.
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10th District Court of Appeals Upholds Commission’s Voluntary Abandonment Finding After Termination Following a Progressive Discipline Policy
BY: Janelle Matuszak, Esq.
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In State ex rel. Reisinger v. Indus. Comm., 10th Dist. No. 18AP-621, 2019-Ohio-3344, claimant was terminated and subsequently filed a motion for temporary total disability compensation (TTD). The employer argued claimant was not entitled to TTD because he abandoned his former position of employment when he was terminated pursuant to a progressive discipline policy. First, he used his cell phone on the floor and received coaching.
Claimant’s Evidence Without a Physician’s Opinion on Impairment Insufficient to Support a Loss of Vision Award
BY: Janelle Matuszak, Esq.
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In State ex rel. Beyer v. Autoneum North America, ___Ohio St.3d ____, 2019-Ohio-3714, claimant had an allowed claim for pneumoconiosis as a result of exposure to silica. His treatment included long-term corticosteroid use which caused cataracts. His claim was additionally allowed for bilateral cataract syndrome on a flow-through basis. The claimant filed a motion for a loss of vision of the right eye award pursuant to R.C. 4123.
Events
- The Path Forward: Legal & Safety Considerations to Prepare Your Workplace for Return Amid the COVID-19 PandemicRead more
