Tag: Ohio

Oct 18, 2022

Extension of Statute of Limitations in Ohio R. C. 4123.28 Does Not Apply to Death Claims

In a divided opinion, an Ohio appellate court affirmed a decision of a state trial court that granted summary judgment to an employer in a death benefits case that had...

Extension of Statute of Limitations in Ohio R. C. 4123.28 Does Not Apply to Death Claims Extension of Statute of Limitations in Ohio R. C. 4123.28 Does Not Apply to Death Claims
Aug 9, 2022

Ohio Social Worker’s Slip and Fall Injuries in Icy Restaurant Parking Lot Did Not Arise from His Employment

An Ohio appellate court disagreed with the trial court’s conclusion that a social worker was a fixed situs employee whose injuries sustained when he slipped and fell in a restaurant...

Ohio Social Worker’s Slip and Fall Injuries in Icy Restaurant Parking Lot Did Not Arise from His Employment Ohio Social Worker’s Slip and Fall Injuries in Icy Restaurant Parking Lot Did Not Arise from His Employment
Jun 21, 2022

Ohio Court Affirms Finding that Furnace Worker’s COVID-19 Was Not Compensable

Finding that a furnace worker had failed to establish the necessary third prong in the definition of occupational diseases—that his employment created a risk of contracting the disease (here, COVID-19)...

Ohio Court Affirms Finding that Furnace Worker’s COVID-19 Was Not Compensable Ohio Court Affirms Finding that Furnace Worker’s COVID-19 Was Not Compensable
Jun 3, 2022

Ohio Court Says Healthcare Benefits and Pension Contributions Not to be Used in Computing AWW

Quoting Larson’s Workers’ Compensation Law, an Ohio appellate court affirmed a decision by the state’s Industrial Commission that had refused to consider various fringe benefits in the form of health...

Ohio Court Says Healthcare Benefits and Pension Contributions Not to be Used in Computing AWW Ohio Court Says Healthcare Benefits and Pension Contributions Not to be Used in Computing AWW
Oct 22, 2021

Ohio Supreme Court Reiterates Commission’s Power to Reject Settlements in VSSR cases

The Supreme Court of Ohio, affirming a decision of a lower state appellate court, held that the Ohio Industrial Commission had properly rejected a proposed settlement related to an employer’s...

Ohio Supreme Court Reiterates Commission’s Power to Reject Settlements in VSSR cases Ohio Supreme Court Reiterates Commission’s Power to Reject Settlements in VSSR cases
Jul 19, 2021

Ohio Home Health Aide’s Injuries Outside Client’s Residence Not Compensable

An Ohio appellate court affirmed the denial of workers’ compensation benefits to a home health care aide who sustained a T12 vertebrae compression fracture when she slipped and fell on...

Ohio Home Health Aide’s Injuries Outside Client’s Residence Not Compensable Ohio Home Health Aide’s Injuries Outside Client’s Residence Not Compensable
Nov 11, 2020

Ohio Staff Hearing Officer is to Utilize Equitable Principles in Reviewing VSSR Settlement Agreements

Where Ohio Adm.Code 4121-3-20(F)(1) provides that a staff hearing officer (“SHO”) is to determine whether an agreed settlement of a violation of a specific safety regulation (VSSR) application is “appropriate...

Ohio Staff Hearing Officer is to Utilize Equitable Principles in Reviewing VSSR Settlement Agreements Ohio Staff Hearing Officer is to Utilize Equitable Principles in Reviewing VSSR Settlement Agreements
Nov 5, 2020

Broad Release in VSSR Settlement Agreement Sinks Subsequent Action for Spoliation of Evidence

An Ohio appellate court recently affirmed a decision of a state trial court that granted summary judgment in favor of an employer in a civil action filed against it by...

Broad Release in VSSR Settlement Agreement Sinks Subsequent Action for Spoliation of Evidence Broad Release in VSSR Settlement Agreement Sinks Subsequent Action for Spoliation of Evidence
Sep 8, 2020

Ohio Claimant May Not Receive PTD Benefits Where He Abandons the Workforce

The Supreme Court of Ohio affirmed a lower’s court’s decision that an injured worker was not entitled to permanent total disability (PTD) benefits because he had abandoned the workforce [State...

Ohio Claimant May Not Receive PTD Benefits Where He Abandons the Workforce Ohio Claimant May Not Receive PTD Benefits Where He Abandons the Workforce