The Ohio House recently passed, and the Ohio Senate is now considering legislation that would deny workers compensation benefits to undocumented workers who are seriously injured on the job. The bill would also limit undocumented workers access to the courts for injuries suffered on the job. This bill is bad for all Ohio workers, and … Continue reading TAKE ACTION: Protect Workers Compensation for Undocumented Workers
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Recently, in State ex rel. Turner Constr. Co. v. Indus. Comm., 142 Ohio St.3d 310, 2015-Ohio-1202, an employer requested a writ of mandamus that would compel the Industrial Commission to vacate an order of permanent-total disability compensation to a former employee. In this case, the employee had several previous workers’ compensation claims, but only a … Continue reading Review Does Not Mean Reweigh
The Ohio Revised Code states that no employer shall discharge, demote, or take any punitive action against an employee because the employee filed a workers’ compensation claim. R.C. 4123.90. The elements of a retaliatory discharge require an employee to prove that (1) they were injured on the job; (2) the employee filed a claim for … Continue reading Retaliation and Workers’ Compensation
Recently, the 10th Appellate District of the Court of Appeals of Ohio released a favorable decision for an injured worker who was determined to reach Maximum Medical Improvement (“MMI”) for his physical conditions, but not his allowed psychological conditions. In Cummins v. Lee, 2014-Ohio-5296 (2014), an employee was shot in the back during an attempted … Continue reading Temporary Total Disability & Voluntary Abandonment
Is an employee who travels to different job sites on a daily basis a fixed-situs employee subject to the “coming and going rule” for the purposes of determining whether he or she is entitled to workers’ compensation? If so, does the “special hazard exception” apply? Recently, in Palette v. Fowler Electric Co., 2014-Ohio-5376 (2014), the … Continue reading Traveling Fixed-Situs Employees?
Losing the use of a body part, no matter how big or small can have a great impact on a person’s life. In order to compensate a claimant for such scheduled losses, R.C. 4123.57(B) assigns specific values depending on the extent of the injury. For example, the loss of the third or distal phalange of … Continue reading Scheduled Loss for Your Limbs
Disability payment you receive from workers’ compensation and/or another public disability payment may reduce you and your family’s Social Security benefits. Your Social Security disability benefit will be reduced so that the combined amount of the Social Security benefit you and your family receive plus your workers’ compensation payment and/or public disability payment does not … Continue reading How do Workers’ Compensation Payments Affect My Disability Benefits?
Recently the Ohio Court of Appeals (9th District) determined that an injured worker was required to provide written notice to the employer, as well as administrator of workers’ compensation in order to withdraw consent to a settlement agreement. In Hart v. Ridge Tool Co. 2014-Ohio-5088 (2014), the employee filed two workers’ compensation claims seeking coverage … Continue reading Right to Withdraw Consent to Settlement
Recently, the Ohio Bureau of Workers’ Compensation adopted a new rule that is meant to help injured workers access medications needed to treat their injuries faster than before. The new rule allows injured workers to get their prescriptions filled while their claim is being processed. This new rule is especially important to those workers’ who … Continue reading Workers’ Compensation: Quicker Access to Prescriptions Coming Soon