September 23, 2011

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 […]
September 23, 2011

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 […]
August 16, 2011

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. […]
August 15, 2011

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 […]
July 22, 2011

Charles D. Smith & Associates officially opens in Columbus

On July 5th, 2011, Charles D. Smith & Associates officially opened its offices in the Chase Tower in Downtown Columbus. Located directly across from the Ohio […]
April 13, 2010

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 […]
March 28, 2010

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 […]