The first thing you need to figure out when deciding whether a workers' compensation claim is compensable is whether the injury "arose out of" and whether it occurred "in the course and scope of" the injured worker's employment. As the title of this post suggests, according to one Ohio court, employees can be in the … Continue reading Injured on the Way to Breakfast? According to This Court, You’ve Got Yourself a Workers’ Compensation Claim
In Ohio, injured workers can file what is known as an "Application for Additional Award for Violation of a Specific Safety Requirement" ("VSSR"). For an employer, an alleged Violation of a Specific Safety Requirement can be as intimidating as being a point guard, called up to the NBA, and immediately put into a game to … Continue reading Defend an Alleged Safety Violation Like You’re Playing LeBron James
I’ve written before on why you need to settle your workers’ compensation claim with more than just an SI-42. See post here. As I noted in that post, if your settlement includes a release of any and all employment related claims, there are a number of considerations you need to take into account, including the … Continue reading Why Should Your Workers’ Compensation Attorney Understand the Age Discrimination in Employment Act and Fair Labor Standards Act? Here’s why.
First off, that title might be a bit misleading. I’m just trying to liven up an extremely dry subject area, so cut me some slack please. Not all nurses can certify temporary total disability compensation. However, according to Industrial Commission Policy Memo D8, updated effective July 30, 2018, during the first six weeks following an … Continue reading How Can Nurses Certify Temporary Total Disability Compensation????
This post has nothing to do with workers’ compensation. It has to do with FMLA leave, which is another hat some readers of this blog wear as well. I’m sure you’ve all heard over and over again about the “Bermuda Triangle” of Workers’ Comp/ADA/FMLA so I won’t belabor that point. Suffice it to say that … Continue reading Organ Donors Qualify for Leave under the FMLA
Ok, I’ll admit, that by-line is a bit simplistic. Of course it is, certainly to the employee who has been terminated. However, a recent case made me think about whether the specter of a retaliatory discharge action should keep my clients from terminating (or taking other disciplinary action against) an employee who should legitimately be … Continue reading Retaliatory Discharge-Is It Really a Big Deal?