What's New in Workers' Compensation
1. Jury can consider whether claim was sustained as an injury or contracted as an occupational disease. Steele v. Crawford Machine, Inc. 2009-Ohio-2306.
Impact on injured workers: Positive.
2. Doctor’s testimony that work duties were a “contributing cause” of medical condition is sufficient to establish probable cause. Davis v. Johnson Controls Battery Group, Inc. 2009-Ohio-2159.
Impact on injured workers: Positive
3. Employer’s initiated departure of employment, such as a “layoff” does not bar claimant’s right to collect temporary total disability benefits. State ex rel. Estes Express Lines v. Indus Comm., 2009-Ohio-2148.
Impact on injured workers: Positive
4. Right to participate in the workers’ compensation fund upheld when injured worker falls in parking lot of employer after buying groceries at the conclusion of her shift.
Impact on injured workers: Positive