2018 Workers’ Compensation Top Ten

While it may not be as exciting as other 2018 top ten lists you've seen, here are 10 of the most significant developments in Ohio Workers' Compensation law in 2018. Klein v. Precision Excavating & Grading Co., 2018-Ohio-3890 In the Klein case, the Supreme Court specifically overruled its decisions in State ex rel. Reitter Stucco, … Continue reading 2018 Workers’ Compensation Top Ten

Is it a Symptom or a Condition, and Does it Matter?

A recent case out of the 10th Appellate District addressed an issue I've raised many times at hearing, whether a claim can be allowed for "radiculitis".  My argument, which has generally been successful, is that a claim cannot be allowed for radiculitis because radiculitis is a symptom of an underlying condition.  However, the 10th Appellate … Continue reading Is it a Symptom or a Condition, and Does it Matter?

Case Update-How Many Hours Can You Work and Still Be Permanently and Totally Disabled?

That’s a simple question, isn’t it? Well, not necessarily.  On first blush, the answer seems obvious: zero, right?  I mean, if you are really permanently incapable of any sustained remunerative employment, then it stands to reason that you cannot work for any part of the day.  As a decision issued last week indicates however, the … Continue reading Case Update-How Many Hours Can You Work and Still Be Permanently and Totally Disabled?

Ohio Supreme Court Holds That Workers Cannot Voluntarily Dismiss Employers’ Court Appeals

On September 28, 2017 the Ohio Supreme Court released its decision in Ferguson v. State, Slip Opinion No. 2017-Ohio-7844.  The Court rejected a lower court decision which held that the “consent provision” of R.C. § 4123.512(D), which requires employers to consent to workers’ voluntary dismissal of employer court appeals, was unconstitutional. Under Ohio law, both … Continue reading Ohio Supreme Court Holds That Workers Cannot Voluntarily Dismiss Employers’ Court Appeals

Ohio Supreme Court Proposes Allowing Plaintiffs To Videotape Defense Medical Examinations

The Ohio Supreme Court is considering revising Civil Rule 35 to allow plaintiffs to record defense medical exams. See page 4 of the following link http://bit.ly/2hEVzh8.  The period for public comment ends on November 22, 2017. For those of us on the defense side, this poses a serious concern.  In my mind it is fundamentally unfair.  Other … Continue reading Ohio Supreme Court Proposes Allowing Plaintiffs To Videotape Defense Medical Examinations