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 […]
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
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
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,
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
Understanding the Financial Risks in Employment Discrimination Disputes Read More »
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
Social Security Findings Can Impact Application of Voluntary Abandonment Defense Read More »
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
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
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
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
Charles D. Smith & Associates is pleased to announce that Charles D. Smith has been named to the Ohio Super Lawyers list by Super Lawyers magazine as one of the top attorneys in Ohio for 2017 in the area of employment litigation (defense). No more than 5 percent of the lawyers in the state are
Charles Smith and Ryan Bonina Selected by Ohio Super Lawyers Magazine Read More »
Just 10 days prior to the implementation date, a Texas federal judge issued a nationwide injunction halting the Department of Labor’s (DOL) new federal overtime rule, which would have increased the salary threshold for certain exempt employees as we discussed in this post. The rule was set to be effective on December 1, 2016. Twenty one states
Update: Department of Labor’s New Overtime Rule Blocked Read More »