Workers' Compensation

Recent Posts

Ohio: Court Rejects Uncorroborated Expert Testimony From Pulmonary Expert
Posted on 13 May 2016 by Larson's Spotlight

An Ohio appellate court affirmed trial court’s decision granting summary judgment to an employer in a workers’ compensation matter in spite of what the worker contended was a conflict in the medical evidence. The worker was diagnosed with... Read More

Ohio: Worker Not Entitled to TTD Compensation Where His Loss of Income Was Due to Voluntary Retirement
Posted on 8 Apr 2016 by Larson's Spotlight

Denial of an injured worker’s application for TTD compensation was appropriate where the Commission determined that the worker’s loss of income was due to his voluntary abandonment of his employment in 2012 due to reasons unrelated to a 2009... Read More

Ohio: Termination for Violating Company’s Policy Against Cell Phones in Work Area Results in Denial of Additional TTD Benefits
Posted on 4 Jul 2013 by Larson's Spotlight

Where an employee knowingly violated a company rule prohibiting employees from taking cell phones into the work area, her termination for the violation disqualified her from receiving temporary total disability benefits for an earlier, work-related injury... Read More

Ohio: Dual Purpose (Marks v. Gray) Rule Again Rejected
Posted on 23 Oct 2014 by Larson's Spotlight

A divided Supreme Court of Ohio has again refused to follow the so-called “dual purpose” rule established in an early New York decision [ In re Marks v. Gray , 251 N.Y. 90, 167 N.E. 181 (1929); see Larson’s Workers’ Compensation... Read More

Ohio: Provision Requiring Employer’s Consent to Dismissal Without Prejudice of Comp Claim is Unconstitutional
Posted on 6 Nov 2015 by Larson's Spotlight

A 2006 amendment to Ohio Rev. Code Ann. § 4123.512(D) that restricted the rights of an injured employee to voluntarily dismiss his complaint without obtaining the consent of the employer and to utilize Ohio Rev. Code Ann. § 2305.19 to re-file... Read More