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Ohio’s House Bill 197 Tolling Statutes of Limitations has Impact on Workers’ Compensation Process

As part of the state’s efforts to respond to the COVID-19 pandemic, on March 27, 2020, Governor DeWine signed H.B. 197 into law. The legislation attempts to provide temporary relief to individuals and businesses by tolling the time limit for the filing of a civil action or request for relief from certain governmental agencies. The […]

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NEW YEAR REMINDER: Department of Labor’s new guidelines for overtime exemptions go into effect on January 1, 2020

The long-debated updated guidelines from the Department of Labor go into effect on January 1, 2020. Employers should have already evaluated salaried employees to see if the new overtime exemption rules will affect them. As a reminder, the new minimum salary level in order to qualify for an exemption under the Fair Labor Standards Act

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Ohio Supreme Court Addresses Burden to Establish Partial Loss of Sight in Workers’ Compensation Claim

In a recent decision, the Ohio Supreme Court confirmed that expert medical evidence is required to support an application for an award under ORC 4123.57(B) for partial loss of sight.  State ex rel. Beyer v. Autoneum North America, et al., 2019-Ohio-3714 (decided September 17, 2019).  The Court ruled that it is not enough for a

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Ohio Supreme Court Rules that Industrial Commission May Require Second Medical Examination of PTD Applicant

The Ohio Supreme Court was recently faced with the question of whether the Industrial Commission can require a claimant to submit to a second medical examination regarding a single issue.  State ex rel. Mignella v. Indus. Comm. (2019-Ohio-463). In Mignella, the claimant filed an application for permanent total disability (PTD) benefits.  At the Industrial Commission’s request,

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Understanding the Financial Risks in Employment Discrimination Disputes

In employment disputes involving claims of disability discrimination and/or race or age discrimination, emotions are almost always involved. Both sides of the dispute must deal with insulting allegations and unreasonable expectations. From the employer’s standpoint, however, it is always necessary to take a quick look at what the risks may be when deciding whether to

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Social Security Findings Can Impact Application of Voluntary Abandonment Defense

The details are crucial when attempting to use the defense of voluntary abandonment of the work force to defeat requests for permanent total disability (PTD) or temporary total disability in a workers’ compensation claim. So long as the claimant can show that his or her workplace injury played a role in the decision to leave

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Ohio Supreme Court Addresses Receipt of Permanent Partial Disability After Finding of Permanent Total Disability

The Ohio Supreme Court was faced with an appellate court decision upholding the Industrial Commission’s award of permanent partial disability to a claimant who had previously been found to be permanently and totally disabled (PTD). State ex rel. Ohio Presbyterian Retirement Servs., Inc. v. Indus. Comm., 150 Ohio St.3d 102. The claimant in this case

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Ohio Supreme Court Discusses Post-Accident Drug Testing as Related to the Doctrine of Voluntary Abandonment

The Ohio Supreme Court was again asked to clarify when the doctrine of voluntary abandonment bars the receipt of temporary total disability compensation in a workers’ compensation claim in the case State ex rel. Cordell v. Pallet Cos., Inc., 149 Ohio St.3d 483. In Cordell, the claimant was injured while working and was given a

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Court Finds that Employee Who Gets Sick After Receiving Vaccination At Work Does Not Have A Valid Workers’ Compensation Claim

A recent decision from the Eighth District Court of Appeals again emphasizes that merely because an employee is at work and suffers an injury or illness does not necessarily mean that he or she has a valid workers’ compensation claim. In the case of Rolsen v. Walgreen Co., 2016-Ohio-8304, 8th Dist. (December 22, 2016), the

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Tenth District Court of Appeals Finds Potential Intentional Tort Action against Employer That Terminated Health Insurance Benefits

Employers should be mindful in Ohio that the employer/employee relationship exposes them to many different risks. For instance, in the recent case of Tchankpa v. Ascena Retail Group, 2016-Ohio-8354, 10th District Court of Appeals (Dec. 22, 2016), the Tenth District Court of Appeals ruled that if an employer acts in bad faith in terminating medical

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