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: 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: 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: 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: Survivors of Worker Who Lapsed Into Coma Shortly Before Death Entitled to Scheduled Benefits in Additional to Death Benefits
Posted on 4 Apr 2014 by Larson's Spotlight

Continuing a line of controversial decisions in which the survivors of a deceased employee are allowed to recover not only statutory death benefits following the death of the employee from work-related injuries or occupational diseases, but also scheduled... Read More

Ohio: Absence of Hook Latch on Hoisting Crane Not a Violation of Specific Safety Requirement
Posted on 4 Dec 2015 by Larson's Spotlight

The Ohio Industrial Commission abused its discretion when it determined that an employer violated the safety regulations in Ohio Adm. Code 4123:1–5–14(G)(1) by failing to repair or replace a crane hook that was missing a safety latch and those... Read More