In a split decision, the Supreme Court of Ohio held that compensability of the alleged underlying injury is not a required element in a retaliatory discharge action under Ohio Rev....
Ohio High Court Says Injury is Not Required to Support Retaliatory Discharge Claim Ohio High Court Says Injury is Not Required to Support Retaliatory Discharge ClaimAn Ohio appellate court has again concluded that the doctrine of voluntary abandonment does not bar an injured worker’s entitlement to TTD compensation in a case involving a pre-injury infraction—here,...
Ohio Court Again Says TTD Benefits Unaffected by Pre-Injury Drug Use Undetected Until After Injury Ohio Court Again Says TTD Benefits Unaffected by Pre-Injury Drug Use Undetected Until After InjuryAn Ohio restaurant employee may not pursue a negligence action against a co-worker for personal injuries sustained in a golf cart accident that occurred on an island resort where the...
Ohio Worker Injured Having “Kick Ass Time” May Not Sue Co-Worker Ohio Worker Injured Having “Kick Ass Time” May Not Sue Co-WorkerA hospital nurse, who fractured her humerus in a fall in her employer’s emergency room when her coat apparently became ensnarled in a wheelchair, did not sustain an injury arising...
Ohio Nurse’s Fall in Hospital ER Was Outside Course and Scope of Employment Ohio Nurse’s Fall in Hospital ER Was Outside Course and Scope of EmploymentSurveillance video spanning a period of almost three years that showed that the claimant, a former dockworker and truck driver, engaged in numerous physical activities, including riding a motorcycle, attending...
Surveillance Video Sinks Ohio Claimant’s Odd-Lot Claim Surveillance Video Sinks Ohio Claimant’s Odd-Lot ClaimReiterating the Ohio rule that that a pre-injury infraction undetected until after the injury is not grounds for concluding that a claimant voluntarily abandoned his employment so as to preclude...
Ohio Worker May Receive TTD Benefits In Spite of Positive Drug Test After Injury Ohio Worker May Receive TTD Benefits In Spite of Positive Drug Test After InjuryContinuing a line of decisions that have awarded permanent partial disability benefits to dependents of workers who sustain fatal injuries in a work-related incident, but who survive the incident for...
Dependents of Ohio Worker Who Lived 4.5 Hours After Fall Awarded 1,225 Weeks of PPD Benefits Dependents of Ohio Worker Who Lived 4.5 Hours After Fall Awarded 1,225 Weeks of PPD BenefitsDisruption Caused by Growth in Number of Temporary/Contingent Workers A few days ago, my close colleague, Robin Kobayashi, and I put the final touches on a new book, Workers’ Compensation...
Commentary: For Whom Are You Working? Ohio Court Creates Twilight Zone For Temporary Workers Commentary: For Whom Are You Working? Ohio Court Creates Twilight Zone For Temporary WorkersIn Onderko v. Sierra Lobo, Inc., 2014 Ohio App. LEXIS 4015 (Sept. 19, 2014), an Ohio appellate court recently held that in order to state a claim for retaliatory discharge,...
Ohio Court Clarifies Elements of Retaliatory Discharge Action Against Former Employer Ohio Court Clarifies Elements of Retaliatory Discharge Action Against Former EmployerAn Ohio appellate court recently affirmed a jury’s determination that a home health care nursing director, who sustained injuries in an automobile accident as he drove from a restaurant to...
Ohio Jury Uses MapQuest Data to Help Establish Significance of Claimant’s Deviation from Employment Ohio Jury Uses MapQuest Data to Help Establish Significance of Claimant’s Deviation from EmploymentAn oral agreement whereby one party (Cornett) was allowed to board horses on property owned by another (Schumacher) and pay the latter a portion of the boarding fees received as...
Informal Arrangement Regarding Boarding of Horses Did not Create Employer-Employee Relationship Informal Arrangement Regarding Boarding of Horses Did not Create Employer-Employee RelationshipAcknowledging that two employees who had been embroiled in a shouting match during the work day had been treated different by the employer–the employee who apparently started the argument received...
Ohio: Trouble-Maker Fails to Prove Discharge Was Because of Workers’ Compensation Claims Ohio: Trouble-Maker Fails to Prove Discharge Was Because of Workers’ Compensation Claims