Category: Supreme Court of Ohio

What Makes a Doctor’s Report Ambiguous for Workers’ Compensation Purposes? A New Supreme Court Case Attempts to Make That …Unambiguous

It is well settled law that the Industrial Commission cannot base its decisions on "equivocal" medical evidence.  State ex rel. Eberhardt v. Flxible Corp. Equivocation occurs when a doctor: 1) repudiates an earlier opinion, 2) renders contradictory or uncertain opinions, or 3) fails to clarify an ambiguous statement. A Supreme Court case released last week, … Continue reading What Makes a Doctor’s Report Ambiguous for Workers’ Compensation Purposes? A New Supreme Court Case Attempts to Make That …Unambiguous →

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 →

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 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 →