Workers’ Compensation Cases

EVIDENCE — WORKERS' COMPENSATION: Where the defendant-employer asserted on appeal that the trial court had failed to consider all the exhibits before rendering judgment, the court did not err in granting plaintiff-employee the right to participate in the workers' compensation fund for the condition…

worker's compensation implied contract of employment right to control employee joint employment

Workers' compensation—Voluntary abandonment is an affirmative defense—If evidence of voluntary abandonment has been brought into issue, a hearing officer's failure to address the issue constitutes a mistake of law—The employer has the burden to raise and produce evidence of voluntary…

We deny relator's request for a writ of mandamus compelling the Industrial Commission to vacate its order granting respondent's request for TTD. Respondent did not voluntarily abandon his employment by violating a written policy Relator did not follow its own policies regarding drug testing.

Under State ex rel. Klein v. Precision Excavating & Grading, Co., 155 Ohio St.3d 78, 2018-Ohio-3890 and on the record of the case, the magistrate correctly reasoned that relator failed to demonstrate the Industrial Commission abused its discretion in denying his request for temporary total…

Bureau of Workers' Compensation appeals trial court's decision finding injured worker entitled to participate in compensation fund. Worker was company president. Company provided mobile commercial tire changing services. President injured while traveling to breakfast meeting with company employee,…

The magistrate did not err in finding that the Industrial Commission of Ohio did not abuse its discretion in not requiring the claimant to comply with employer relator's request for a global medical release from the claimant based on her filing an application for permanent total disability…

Industrial Commission did not abuse its discretion in granting claimant's PTD application where the medical opinion relied on by the commission provided some evidence to support the commission's finding that claimant is incapable of sustained remunerative employment solely due to the allowed…

District court judgment affirming a Workforce Safety and Insurance order denying workplace injury benefits is summarily affirmed under N.D.R.App.P. 35.1(a)(5).

Mandamus denied relator's refusal to subject himself to an examination by his employer's physician does not constitute good cause under R.C. 4123.65(C).

Workers' compensation—When a claimant voluntarily removes himself from his former position of employment for reasons unrelated to a workplace injury, the claimant is no longer eligible for temporary-total-disability compensation, even if the claimant remains disabled at the time of his separation…

The trial court did not err by entering summary judgment for Appellees on Appellant's claim for workers' compensation benefits for injuries sustained in an assault. Appellant did not receive his injuries "in the course of" his employment, and the injuries did not "arise out of" his employment.…

Trial court's determination that claimant did not meet his burden to establish that he had asbestosis for workers' compensation claim affirmed.

Workers' Compensation, law of the case doctrine, disability determination

Workers compensation: trial court's findings of fact and conclusions of law were sufficient for appellate court to conduct review trial court did not err in admitting testimony competent and credible evidence supports judgment of the trial court.