Archive for May, 2015
Being injured on the job not only makes life more difficult in the physical sense but the following dealings with worker’s compensation claims can be a mental nightmare if you don’t know how to approach the situation. Here at Barkan Meizlish DeRose Cox, LLP our Columbus worker’s compensation attorneys help you make sense of your […]
Recently, the Ohio Supreme Court held that a commissioner of the Industrial Commission of Ohio is not required to attend a hearing in order to vote on a matter being heard. In State ex rel. Every v. Indus. Comm., Slip Opinion No. 2015-Ohio-120 (2015), an injured workers surviving spouse filed for death benefits under R.C. […]
Employee v. Independent Contractor – What You Need To Know What is the difference between an employee and an independent contractor? This is an important question and one that business owners and workers must reckon with. Oftentimes, employers will attempt to classify a new hire as an “independent contractor.” This is done to limit exposure […]
Last week, law firms Barkan Meizlish DeRose Cox, LLP and JTB Law Group, LLC filed a class and collective action against S & E Flag Cars, LLC (“S & E”), a Kentucky limited liability company in the race track operations business. The lawsuit, Perkins et al. v. S & E Flag Cars, LLC et al., was […]
Workers frequently work over 40 hours a week in this rapidly growing industry, sometimes even up to 100 hours per week. With much of the work sub-contracted out to smaller companies, the structure of the oil and gas industry certainly makes it “an industry ripe for noncompliance,” as stated by Dr. David Weil, administrator of […]
The underlying principle of temporary total disability compensation is that the employee’s departure from the workplace must be causally related to the industrial injury for the employee to be eligible to receive that type of compensation. State ex rel. Rockewell Internatl. v. Indus. Comm., 40 Ohio St. 3d 44, 531 N.E.2d 678 (1998). As such, […]
Can You Collect Unemployment and Social Security? In short, yes you can receive both unemployment and social security disability benefits. Due to the complicated nature of most legal issues dealing with compensation through government funds, this is something that is going to differ on a case-by-case basis. The most common issue we see is claimants […]
An employee is precluded from recovering temporary total compensation when they voluntarily abandon their position of employment. An employee voluntarily abandons their position when they violate (1) clearly defined, prohibited workplace conduct, (2) that was previously identified by the employer as a dischargeable offense, and (3) was known or should have been known by the […]
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