Recently, Gov. Kasich signed into law the workers’ compensation budget. In addition to funding the Ohio Bureau of Workers’ Compensation (BWC), the bill enacted a number of substantive changes to the law. These changes are effective Sept. 29, 2017. Below are some of the significant amendments impacting Ohio employers:
In its recent decision, Clendenin v. Girl Scouts of W. Ohio, the Supreme Court of Ohio definitively decided that an Industrial Commission order determining that a pre-existing condition that was substantially aggravated by a work-related incident has returned to the pre-injury level is an issue that may not be appealed to a court of common pleas.
While working for the Girl Scouts of Western Ohio, Audrey Clendenin (Clendenin) was injured on Oct. 21, 2008. Her claim was recognized for multiple right shoulder conditions as well as substantial aggravation of pre-existing dermatomyositis, a rare inflammatory disease. In March 2013, the Ohio Bureau of Workers’ Compensation (BWC) filed a motion to abate the claim for the substantial aggravation condition. The Industrial Commission granted the motion, finding that compensation and medical benefits were no longer to be paid in the claim for the allowed substantial aggravation condition.Continue Reading Some clarity: The Supreme Court of Ohio definitively decides procedure for abatement of substantial aggravation conditions
A recent case highlights the intersection of FMLA and workers’ compensation laws. Angela Samuel (Samuel) was employed by Progressive Casualty Insurance Co. (Progressive) as a retention specialist and primarily worked out of her home. While on a leave of absence covered by the Family Medical Leave Act (FMLA), Progressive notified Samuel that she needed to submit documentation in support of her FMLA request. Previously, Samuel’s documents in support of her FMLA leave were either never received or misplaced by Progressive.
On a Sunday evening, Samuel hand-delivered the paperwork to an unattended reception desk outside of a human resources department at a building on Progressive’s campus. As she was leaving, she slipped in a stairway and fell onto her right side.Continue Reading Sunday deliveries of FMLA paperwork: A recipe for disaster
Whether the U.S. Equal Employment Opportunity Commission is taking advantage of the fact that HIV infection has been in the news lately (thanks to Charlie Sheen’s recent disclosure about his own HIV status) or the timing is pure coincidence, the EEOC earlier this month issued two publications regarding the rights afforded by the Americans with
Ohio law has long held that an employee’s particular health conditions, personal frailties and peculiar susceptibilities do not prohibit the employee from having a compensable work injury when the injury occurred in the course of and arising out of the employee’s employment. Ohio courts do not deny an employee a compensable claim merely because the employee’s physical fitness at the time of the work incident rendered him more susceptible to the injury than an otherwise healthy individual.
Recently, an Ohio employer questioned the compensability of a workers’ compensation claim when an employee with pre-existing arthritis suffered a subsequent work-related injury. In Luettke v. Autoneum N. Am., Inc.,, the Sixth Appellate District found the injured worker sustained a compensable injury. In October 2006, Ruth Luettke (“Luettke”) fractured her left leg in a work-related fall. An MRI of her left knee demonstrated osteoarthritis. Thereafter, Luettke complained of occasional pain, but continued to work full duty. In August 2012, Luettke alleged that while holding a pry bar to open a dock plate, she put her weight on her left foot, turned and felt a snap in her left knee. She sought to have a workers’ compensation claim recognized for the conditions of sprain of the left knee and tear of her quad tendon. Both Luettke’s physician and the employer’s examining physician opined that Luettke suffered from pre-existing arthritis and that Luettke’s injury would not have occurred in an otherwise healthy individual. The Industrial Commission recognized the claim and the employer appealed to court.Continue Reading Employers must take their employees as they are – pre-existing conditions included
Summertime brings company picnics, charity walks and softball leagues. Great moments for increasing employee morale, but these activities may lead to employer liability if an employee is injured while participating in such activities.
In Ohio, employees injured while engaged in an employer-sponsored recreational or fitness activity are entitled to workers’ compensation benefits unless the employee
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Freshly Picked: A Review of Recent Employment Law Updates Tracey L. Turnbull, Porter Wright
As you look to make sure your policies and practices reflect recent developments, you will not
Ohio Senators have introduced a bill to change Ohio workers’ compensation laws to permit claimants who are peace officers, firefighters or emergency medical personnel diagnosed with post-traumatic stress disorder (“PTSD”) to obtain workers’ compensation benefits.
Presently, Ohio law only recognizes claims for psychological conditions if the psychological condition arises out of an injury or occupational
In State ex rel. Hildebrand v. Wingate Transp., Inc., the Ohio Supreme Court recently ruled that an employee who quit his job for reasons unrelated to his work injury was barred from receiving temporary total disability compensation.
Brian Hildebrand, a mechanic with Wingate Transport, Inc. injured his back on June 3, 2009. On June
In Hoyle v. DTJ Ents., Inc., the Ohio Supreme Court has ruled that provisions of an insurance policy do not require an insurance company to indemnify employers if they are found to have intentionally injured their employee.
On March 25, 2008, Duane Allen Hoyle, while working for DTJ Enterprises and Cavanaugh Building Corporation, fell