Ohio Revised Code section 4123.90 prohibits employers from taking adverse employment action against an employee because he or she “filed a claim or instituted, pursued or testified in any proceedings under the workers’ compensation act for an injury or occupational disease which occurred in the course of and arising out of his employment with that […]
U.S. News and World Report and Best Lawyers© has announced the “Best Law Firms” rankings for 2017. We are pleased to announce that Charles D. Smith & Associates has received a Metropolitan Tier 1 Ranking in “Workers’ Compensation Law – Employers.” Firms included in the 2017 “Best Law Firms” list are recognized for professional excellence
Just because a claimant obtains allowance of a new condition in his or her workers’ compensation claim, and undergoes further treatment such as surgery for that condition, it does not automatically mean that the claimant is entitled to a new period of temporary total disability benefits. If there is evidence that the claimant has abandoned
Charlie Smith was recently selected by his peers for inclusion in the 23rd Edition of The Best Lawyers in America© in the practice area of Workers Compensation Law- Employers. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. Corporate Counsel magazine has called Best Lawyers “the most respected referral list of attorneys in practice.”
Charlie Smith Recognized by The Best Lawyers in America Read More »
December 1, 2016 is just months away and by all accounts not many businesses are evaluating their salaried employees to see if the new overtime exemption rules will affect them. This could be a major mistake. As we mentioned in a previous article, on May 18, 2016, the Department of Labor issued new rules and
Don’t Ignore the New Overtime Exception Rules or You Could End up Paying a Fortune Read More »
On May 18, 2016, the Department of Labor published its final rule updating overtime regulations. The Rule focuses primarily on updating the salary levels required for Executive, Administrative, and Professional workers to be exempt. The salary level was increased to $47,476 annually. This represents a significant increase from the previous level of $23,660. Additionally, the
DOL Issues Final Rule Updating Overtime Regulations Read More »
October of 2016 will mark the 10 year anniversary of the effective date of Senate Bill 7, which changed the definition of a workers’ compensation injury with respect to aggravation of a pre-existing condition. Specifically, R.C. 4123.01(C)(4) was modified to require that a workers’ compensation injury can only include a pre-existing condition if that condition
When an employer is disputing a request for temporary total disability benefits in a workers’ compensation claim, it is always important to make sure that the independent medical examination (IME) specifically addresses the period of disability requested. For instance, even though the doctor may be examining the claimant on July 1, the law allows the
It would seem that if an employee cannot specifically recall when, or how, an injury occurred at work, he or she will not have a compensable workers’ compensation claim. However, that is not always the case. The mere fact that the injured worker cannot specifically identify the exact time of his or her injury or
Last week, the Equal Employment Opportunity Commission (EEOC) issued an opinion ruling that sexual orientation discrimination on the job violates Title VII of the 1964 Civil Rights Act. In a 3-2 vote, the EEOC concluded that sexual orientation discrimination is a form of explicitly forbidden “sex” discrimination. The EEOC’s view on sexual orientation is counter
EEOC Rules that Sexual Orientation Workplace Discrimination is Illegal under Federal Law Read More »
On June 1, 2015, the U.S. Supreme Court issued its decision in EEOC v. Abercrombie & Fitch Stores, Inc. No. 14-86. The Court reversed the decision of the Tenth Circuit Court of Appeals and held that the retailer violated Title VII when it refused to hire a job applicant who wore a headscarf consistent with
On January 22, 2015, the Ohio Supreme Court discussed an injured worker’s eligibility for temporary total disability compensation after he quit his job on the same day that he reported to work with a note from his doctor restricting him to light duty. State ex rel. Hildebrand v. Wingate Transport, Inc., 141 Ohio St.3d 533.
Ohio Supreme Court Clarifies Voluntary Abandonment Doctrine Read More »