In State ex rel. Stallion Oilfield Construction, LLC v. Indus. Comm., 2019-Ohio-3174, the claimant had an allowed workers’ compensation claim for a back strain. The claimant returned to work in a light duty capacity. Pursuant to the company’s policy, the claimant submitted to a random drug test, which revealed positive test results for morphine, codeine, and opiates. Under the company’s work rules, an employee will be terminated if a drug test is positive.Read more
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.
The Industrial Commission updated Policy Memos D8 and S11, effective July 30, 2018.
Memo D8 pertains to acceptable certification for temporary total disability compensation. As a general rule, compensation must be certified by doctors, chiropractors, and psychologists. However, during the first 6 weeks after an injury, a certified nurse practitioner, clinical nurse specialist, or physician assistant may provide certification of disability.
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.Read more
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.Read more
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.Read more