News

Supreme Court Revives UPS Pregnancy Discrimination Case

On March 25, 2015, the U.S. Supreme Court discussed whether, and in what circumstances, the Pregnancy Discrimination Act requires an employer that provides work accommodations to non-pregnant employees with work limitations to provide work accommodations to pregnant employees who are “similar in their ability or inability to work.” Young v. United Parcel Service, No. 12-1226. […]

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Court of Appeals Extends Loss of Use Awards to Beneficiary of Deceased Worker

As a result of a recent court case, the amount of benefits now available to the beneficiaries of a deceased worker could increase significantly. When identifying the benefits available to the beneficiaries of a deceased worker, the Tenth District Court of Appeals has made it easier to also recover scheduled loss compensation for total loss

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OSHA Updates Recordkeeping and Reporting Rules

Effective January 1, 2015, OSHA is expanding the list of severe injuries that all employers must report.   Currently, employers have to report all work-related fatalities and all work-related hospitalizations of three or more employees.  Starting in 2015, employers will have to report the following to OSHA: All work-related fatalities All work-related inpatient hospitalizations of one

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Ohio Court Grants Wide Latitude to Industrial Commission in Determining the Credibility of Medical Evidence in Disability Determinations

It is always important to remember that with permanent total disability applications there is only one evidentiary hearing. More importantly, the Hearing Officer has a great deal of latitude in determining the weight to be given to the opinions provided by medical doctors in evaluating that application. The Administrative Code under Section 4121-3-34(C) indicates that medical

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EEOC Files Transgender Employment Discrimination Suits in Two States

In 2012, the Equal Employment Opportunity Commission (EEOC) identified coverage of lesbian, gay, bisexual, and transgender individuals under Title VII as a top enforcement priority.  Although these groups are not enumerated protected classes under Title VII, the EEOC has taken the position that the “sex discrimination” portion of Title VII prohibits employers from firing employees

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Medical Marijuana – Can it be Considered Reasonable and Necessary Treatment in a Workers’ Compensation Claim?

To date, twenty states and the District of Columbia have legalized the use of marijuana for medical purposes. In addition, two states have legalized the recreational use of marijuana as well (Colorado and Washington). With the medical use of marijuana recognized by so many states, it is possible that Ohio employers may run into situations

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Under the Laws of Disability Discrimination, Perception is Reality

Under the Americans with Disability Act, as well as Chapter 4112 of Ohio Revised Code, an individual can bring a claim for disability discrimination based upon the allegation that the individual was discriminated against because of a “perceived” disability and not necessarily a recognized physical or mental impairment. Perceived disability cases can be complicated and

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Ohio Supreme Court Requires Industrial Commission to Address Employers’ Defenses in Permanent Total Disability Applications

In the case of Sheppard v. Industrial Commission, (2014), 139 Ohio St.3d 229, the Ohio Supreme Court ruled that the Industrial Commission must address all legal issues raised by the employer in the defense of an application for permanent total disability benefits. In particular, the employer in the Sheppard case had raised the issue of

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Court of Appeals Clarifies Statute of Limitations for Occupational Disease Claims

Where there is a specific incident at work causing an injury, calculating the statute of limitations to file a workers’ compensation claim is relatively straightforward. However, when an employee contracts an occupational disease during his or her employment, determining whether a claim is time-barred is more complicated. An Ohio Court of Appeals recently addressed this

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Understanding Eligibility for Social Security Benefits

When someone tells you they are totally disabled and are now eligible or are receiving Social Security disability benefits, does that mean they are incapable of engaging in any gainful employment? The Social Security Administration’s rules address this question. There are now several different programs set up through Social Security to create incentives for individuals

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