Board Panel Opinion Provides a Succinct Explanation By Hon. Susan V. Hamilton, Former Assistant Secretary and Deputy Commissioner, California Workers’ Compensation Appeals Board The process for...
CALIFORNIA COMPENSATION CASES Vol. 89, No. 4 April 2024 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions...
By Hon. Susan V. Hamilton, Former Assistant Secretary and Deputy Commissioner, California Workers’ Compensation Appeals Board Several months ago, an article in LexisNexis Workers’ Compensation...
By William Tappin, Esq., Law Offices of Tappin & Associates, Sierra Madre, CA There has been a lot of confusion with respect to whether ERISA preempts state laws regarding numerous programs, including...
By Thomas A. Robinson, co-author, Larson’s Workers’ Compensation Law Editorial Note: All section references below are to Larson’s Workers’ Compensation Law, unless otherwise indicated...
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 his case is unconstitutional, held a state appellate court. The court noted that in a civil action, a plaintiff could unilaterally dismiss his or her complaint and re-file it without prejudice pursuant to Rule 41(A)(1)(a) of the Ohio Rules of Civil Procedure. As a “plaintiff,” a claimant under § 4123.512 should be afforded all the rights provided to him or her by the Rules of Civil Procedure. There was no rational relationship between stripping injured workers of their rights provided under the rules and the fundamental purposes of workers’ compensation.
Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is the co-author of Larson’s Workers’ Compensation Law (LexisNexis).
LexisNexis Online Subscribers: Citations below link to Lexis Advance. Bracketed citations link to lexis.com.
See Ferguson v. State of Ohio, 2015-Ohio–4499, 2015 Ohio App. LEXIS 4435 (Oct. 29, 2015) [2015-Ohio–4499, 2015 Ohio App. LEXIS 4435 (Oct. 29, 2015)]
See generally Larson’s Workers’ Compensation Law, § 124.01 [124.01]
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law.
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