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To Be Successful In A Workers’ Compensation Retaliation Action, The Employee Must Causally Connect The Alleged Adverse Employment Action To The Workers’ Compensation Claim

In Smoot v. KBO, 2013-Ohio-4079, an employer put an employee on light duty based on concerns about his ability to safely work after reviewing a doctor’s permanent partial disability report.  When the claimant failed to appear for the light duty job, the company terminated the claimant.  The employee later filed a workers’ compensation retaliation action under R.C. 4123.90. The employee alleged the discharge was retaliation his filing for a permanent partial disability award.  The court of appeals held there was no evidence causally connecting the employee’s discharge to the filing of a permanent partial disability application.  Therefore, the employer was entitled to judgment in its favor.  Read the case here.

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