News

Ohio Court Rejects Employer’s “Ellerth Defense” in Sexual Harassment Case

On September 6, 2011, The U.S. District Court for the Southern District of Ohio denied an employer’s motion for summary judgment in a sexual harassment case.  Stayner v. Dep’t of Rehabilitation and Corrections, No. 2:09-CV-752. Rosa Stayner was a corrections officer at Ross Correctional Institute since 2002.  In October of 2007, a coworker named Alfred Hughes […]

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Sixth Circuit Holds Employer May Fire Employee for Failing to Report Injury

On September 7, 2011, the Sixth Circuit Court of Appeals affirmed a Tennessee district court’s holding that an employer was justified in firing an employee for failing to report her injury, in violation of its policy.  Geronimo v. Caterpillar Inc., No. 09-6401. Julie Geronimo had worked for Caterpillar for over seven years when she was transferred

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Ohio Supreme Court Strengthens Voluntary Abandonment Defense

The Ohio Supreme Court recently strengthened the defense of voluntary abandonment in the area of workers’ compensation temporary total disability benefits.  State ex rel. Lackey v. Indus. Comm., 129 Ohio St. 3d 119.  The Court ruled that if an injured worker voluntarily retires from his or her job, or abandons an existing job and never returns

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Sixth Circuit Holds General Contractor is Immune from Lawsuit by Employee of a Subcontractor

On August 8, 2011, the Sixth Circuit Court of Appeals affirmed a Michigan district court’s holding that a subcontractor breached its obligation to indemnify a general contractor under the contract between the parties. Honeywell Internat’l Inc. v. Lutz Roofing Co., Inc., No. 09-1877. The relationship between Plaintiff Honeywell (the general contractor) and the Defendant Lutz (the

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Sixth Circuit Rules that Denying Workers’ Compensation Benefits May Lead to RICO Violation

The Racketeer Influenced and Corrupt Organizations Act (RICO) is typically associated with organized crime.  However, the Sixth Circuit Court of Appeals recently held that the wrongful deprivation of an employee’s entitlement to benefits under Michigan’s Workers’ Disability Compensation Act can be the basis of a violation of RICO. Brown v. Cassens Transport Co. (CA 6 2012), No.

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When Calculating the Average Weekly Wage for Workers’ Compensation Benefits, It is No Longer Assumed that Periods of Unemployment Will be Excluded

Sometimes the most tedious tasks in managing a workers’ compensation claim can have the most significant impact on your liability.  It used to be widely accepted that when a claimant provided evidence that he had been unemployed during the year preceding his injury, that period of unemployment would be excluded from the calculation of his

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