Workers' Compensation

Recent Posts

Ohio: Court Affirmed VSSR Penalty Against Local Fire Department
Posted on 10 Mar 2020 by Thomas A. Robinson

An Ohio appellate court affirmed the imposition of a penalty for the violation of a specific safety requirement (VSSR) by a local fire department where the Commission found the district violated the maximum 24-inch step-to-ground-level on a district owned... Read More

Ohio: Retaliatory Discharge Rule Does Not Apply Where Claim Filed Against Prior Employer
Posted on 11 Apr 2019 by Thomas A. Robinson

The provision in Ohio law [Ohio Rev. Code § 4123.90] prohibits an employer from terminating a worker who files a claim for workers’ compensation benefits, the statute does not apply where the claim was filed regarding a prior employer. Thus... Read More

Ohio: Court Eases Proof Requirements Related to Retaliatory Discharge Actions
Posted on 26 Sep 2014 by Larson's Spotlight

An Ohio appellate court has indicated that former court decisions, including at least one by the state’s Supreme Court, should not be read as requiring a former employee to prove, as the first of three required elements of a retaliatory discharge... Read More

Federal: Issue of Fact Regarding Control Means Tort Action May Proceed Against General Contractor
Posted on 22 Jan 2016 by Larson's Spotlight

Where a subcontractor’s worker sustained serious injuries when he attempted to use a grinder—owned by the project’s contactor and which did not have a required safety guard—and where there was a conflict in the evidence as to whether... Read More

Ohio: Employee Barred From Additional Benefits When She Walks Away from Light-Duty Position
Posted on 25 Apr 2014 by Larson's Spotlight

The Supreme Court of Ohio affirmed a decision by the state’s Court of Appeals that held that an injured employee was disqualified from receiving additional temporary total disability benefits because she had abandoned her employment where, following... Read More

Ohio: Court Strikes Down Provision Requiring Schedule Benefits to Be Paid Weekly, Instead of Lump Sum
Posted on 19 May 2016 by Larson's Spotlight

Under the one-subject rule, set forth in the Ohio Constitution [art. II, § 15(D)], no bill may contain more than one “subject” and that subject must be clearly expressed in the bill’s title. An Ohio appellate court held that the... Read More

Ohio: Worker’s Intentional Tort Action Against Employer Fails
Posted on 24 Apr 2015 by Larson's Spotlight

An Ohio appellate court agreed with a trial court that an employer could not be held liable, under an intentional tort theory, for serious injuries sustained by an employee who suffered amputation of both legs when two bundles of steel, each weighing... Read More