Archives by Tag ' Workers’ Compensation '
The Ohio Revised Code states that no employer shall discharge, demote, or take any punitive action against an employee because the employee filed a workers’ compensation claim. R.C. 4123.90. The elements of a retaliatory discharge require an employee to prove that (1) they were injured on the job; (2) the employee filed a claim for […]
Is an employee who travels to different job sites on a daily basis a fixed-situs employee subject to the “coming and going rule” for the purposes of determining whether he or she is entitled to workers’ compensation? If so, does the “special hazard exception” apply? Recently, in Palette v. Fowler Electric Co., 2014-Ohio-5376 (2014), the […]
Some states recognize a dual-intent, or dual-purpose doctrine when an employee is injured while traveling for both business and personal purposes. However, in a recent case, the Ohio Supreme Court clarified that the doctrine of dual intent does not apply in Ohio when determining whether an employee who is injured while traveling for both work […]
What happens when a workplace injury occurs in Ohio, but the employer is located in another state? Which state law applies? For example, what happens if you are a resident of Florida, employed by a Texas company, but injured while in the course of employment in Ohio? Recently in Linardos v. Joe Tex, Inc. 12th […]
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 […]
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, […]
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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