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 four days...
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 that the aide was...
In a trial court proceeding following an employer's appeal of award of benefits awarded by the Ohio Bureau of Workers' Compensation, it was appropriate to instruct the jury on the so-called "eggshell" theory of medical causation since the employer...
A broad release contained within a settlement of a violation of specific safety requirements ("VSSR") claim, signed by an injured employee represented by counsel at the time, barred a later civil action filed by the employee against the employer for spoliation...
Where an employee was killed in a trench collapse accident, his estate could not maintain an intentional tort action against the employer where the evidence indicated the employer ceased all work on the trench when the employer's supervisors became aware of...
The Supreme Court of Ohio held that evidence supported a state commission's determination that a worker had abandoned the workforce and, therefore, was not entitled to permanent total disability benefits where the worker testified that he had been receiving...
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 fire...
An owner/employee’s decision to meet two subordinate employees for breakfast and a general business discussion meant that injuries sustained in a car accident on the way to the restaurant arose out of and in the course of the employment, in spite of the fact...
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, where an...
A widow’s wrongful death action filed against her deceased husband’s employer for its failure to implement and maintain a substance abuse policy is barred by the exclusive remedy provisions of the Ohio Workers’ Compensation Act, held a state appellate...
Where a claimant was injured in a fall from a roof, the Industrial Commission did not err in awarding him additional compensation for his employer's violation of a specific safety requirement (“VSSR”), since Ohio Admin. Code 4123:1-3-09(F)(1) required...
The estate of an Ohio employee who sustained fatal injuries in an extrusion press accident may not maintain a civil action against the state’s Bureau of Workers’ Compensation (“BWC”) for its alleged negligent provision of safety consulting...
Overruling two of its own decisions, the Supreme Court of Ohio held that where a claimant in a workers’ compensation case voluntarily removes himself from his or her former position of employment for reasons unrelated to the workplace injury, the claimant...
An Ohio appellate court found that Ohio’s Industrial Commission acted within its discretion with it determined that the ordinarily daily activity of cleansing after using the toilet, which resulted in the exacerbation of the claimant's allowed conditions...
An Ohio court affirmed a finding that a logger was an independent contractor and not an employee, where evidence indicated the logger was hired at a rate of $80 per day, the logger had represented that he had extensive experience in logging, the logger was told...