Workers' Compensation

Recent Posts

Ohio: Injury Sustained After Employee Gives Notice of Departure Means No TTD Benefits
Posted on 10 Oct 2021 by Thomas A. Robinson

A Commission decision awarding an Ohio employee temporary total disability benefits was erroneously entered where the employee gave the employer two-week’s notice that he intended to leave the employment and then sustained a work-related injury... Read More

Ohio: Home Health Aide’s Slip and Fall Outside Client’s Residence is Not Compensable
Posted on 28 Jul 2021 by Thomas A. Robinson

A home health care aide, who sustained injuries when she slipped and fell on wet grass outside her client’s residence, did not sustain an accidental injury arising out of and in the course of her employment, held a state appellate court. Noting... Read More

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