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: Lapse of Time Between Incident and Treatment Amplifies Need for Expert Testimony on Causation
Posted on 26 Jul 2013 by Larson's Spotlight

It is often said that just as the “instantaneous nature of an observed causal progression is a familiar element in cases dispensing with medical testimony, so a delay between the accident and the symptoms, disability or death diminishes any such... Read More

Ohio: Wrongful Death Action Against Employer for Faulty Scaffolding Fails to Proceed
Posted on 21 Jul 2013 by Larson's Spotlight

Construing the state’s intentional tort exception to exclusivity, an Ohio appellate court recently affirmed a trial court’s order grant summary judgment to an employer in a civil action filed by the widow of a deceased worker killed when scaffolding... Read More

Ohio: Intentional Tort Action Against Employer Fails
Posted on 3 Jan 2014 by Larson's Spotlight

An Ohio appellate court has affirmed a trial court’s summary judgment decision in favor of an employer in an injured employee’s intentional tort claim, agreeing with the trial court that the employee failed to show the employer intended to... 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

Ohio: PTD Benefits Not Available to 90-Year-Old Since He Could Return to Work
Posted on 22 Apr 2016 by Larson's Spotlight

In making its determination that a 90-year-old claimant was not permanently and totally disabled, the Industrial Commission was free to reject a report from claimant’s vocational consultant in favor of its own analysis of relevant vocational factors... Read More

Ohio: Firefighter’s Decision to Take Low Paying Job as Deer Herder Nixes Claim for Working Wage Loss
Posted on 14 Feb 2014 by Larson's Spotlight

An Ohio appellate court recently found that a magistrate had properly determined the facts and applied the appropriate law in finding that the Commission had not abused its discretion when it, in turn, found that the worker, a former firefighter, had... Read More