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Ohio Supreme Court Reaffirms 2007 Holding Regarding Voluntary Abandonment

On March 12, 2013, the Ohio Supreme Court affirmed a court of appeals decision ordering that the Industrial Commission reinstate an award of temporary total disability compensation to a claimant based on its finding that he did not voluntarily abandon his employment.  State ex rel. Haddox v. Indus. Comm. (2013), 2013-Ohio-794, No. 2011-1622. The Haddox case involved a request […]

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The Feel Good Doctrine Still Controls the Determination of Medical Treatment in Ohio Workers’ Compensation Claims

When determining if certain medications or treatment procedures are reasonably necessary, it is important not only to consider the patient’s needs but also to review what is considered appropriate under accepted medical standards and governmental guidelines.  This is also important when managing the effective use of medications in a workers’ compensation claim, especially pain medications

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An Injury that Manifests at Work is Not Necessarily a Compensable Workers’ Compensation Claim

On February 22, 2013, the Sixth District Court of Appeals issued a decision affirming summary judgment in favor of the employer inKinsey v. Apex Bold & Machine Co. (Ohio App. 6 Dist. 2013), 2013-Ohio-630, No. L-12-1027. The claimant in Kinsey began to experience gradually increasing pain and stiffness in his right wrist during his work shift.  He went

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Successor Liability Can Flow to New Operator If There is No Showing of an Improvement in Safety in the New Business

The Ohio Administrative Code specifically provides that where one employer succeeds another in a business, in whole or in part, the successor shall assume the predecessor’s obligations under the workers’ compensation laws and, therefore, may receive a transfer of the experience of the predecessor.  The key phrase in these types of situations is whether or

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Employees Who Get Sick from Food Provided at the Workplace May Not Have Workers’ Compensation Coverage

Even though an employee may suffer food poisoning from items eaten at the work site, it does not necessarily mean the person will be provided with workers’ compensation coverage for that illness.  To the contrary, unless there are specific facts that establish the employer’s control over the area where the food was distributed and over

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Spotlight: Potential Pitfalls of Non-Fraternization Policies

Many employers feel that a non-fraternization policy is essential to help protect management and the company from charges of sexual harassment or a hostile work environment due to relationships that develop in the workplace.  Also, there is concern that when personal matters are brought to work it could lead to unnecessary disruptions and problems in

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Ohio Supreme Court Declines to Find Intentional Tort Where Employee was Advised not to Wear Protective Gloves

The current version of Ohio’s employer intentional tort statute requires that the plaintiff demonstrate that the employer committed the tortious act with the intent to injure or with the belief that the injury was substantially certain to occur.  ORC 2745.01.  The statute further provides that “deliberate removal by an employer of an equipment safety guard”

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Ohio Court Finds Vegan has Plausible Religious Discrimination Claim

On December 27, 2012, the U.S. District Court for the Southern District of Ohio denied a Defendant’s Motion to Dismiss in favor of the Plaintiff, a former employee alleging religious discrimination based on her veganism.  Chenzira v. Cincinnati Children’s Hosp. Med. Ctr. (S.D. Ohio 2012), No. 1:11-cv-00917. Ms. Chenzira worked for the Cincinnati Children’s Medical Center as

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Cuyahoga County Court of Common Pleas Finds BWC Overcharged Non-Group Rating Employers

After a lengthy deliberation and bench trial that began on August 20, 2012, Judge Richard McMonagle finally issued his long awaited decision on the class action lawsuit challenging the BWC’s administration of Ohio’s workers’ compensation group rating programs between 2001 and 2009. San Allen v. Buehrer, Administrator, BWC (Cuyahoga County Court of Common Pleas 2012), No. CV-07-644950.

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Department of Justice Reports that the Number of Whistleblower Suits in the Health Care Area Increased Dramatically in 2012 under the Federal False Claims Act

The Department of Justice recently announced a record breaking level of recoveries in settlements and judgments in civil cases brought under the False Claims Act (FCA) for the fiscal year 2012. The federal government alone saw recovery of $4.9 billion. This was a 300% increase over the recovery reported for 2011. Notably, $3 billion of

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Employees May Not Have to Disclose Specific Diagnosis When Providing Documentation Under a Valid Sick Leave or Medical Leave Policy

Employers should be cautious when enforcing their sick leave or medical leave policies if they require their employees to specifically explain or identify the diagnosis of their medical condition when seeking leave.  An employer can require that an employee provide documentation from their treating physician that they have been excused from work for a medical

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