Workers’ Compensation Cases

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,…

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: 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.

Trial court's grant of summary judgment in favor of appellant's employer and the Administrator of the Bureau of Workers' Compensation on the basis of res judicata was improper where one of appellant's prior workers' compensation claims was vacated prior to adjudication and a question of fact exists…

Case in mandamus where self-insured employer is attempting to overturn the granting of permanent total disability compensation since the evidence before the Industral Commission fully supported the commission's order, the request for a writ is denied.

Trial court erred by granting directed verdict in favor of employer on claim for lumbar radiculitis. Although testimony from claimant's medical expert was equivocal on whether lumbar radiculitis was a pain symptom of another condition or an independent condition, it was not proper to weigh the…

The trial court did not err in concluding that Appellant, a traveling employee, was on a personal errand at the time of her injury and was not entitled to receive workers' compensation benefits. Affirmed.

Workers' Compensation N.C. Gen. Stat. Sec. 97-2(5) Fair and just results Method 3

Workers' compensation-Appeal-R.C. 4123.512-Decision that preexisting condition substantially aggravated by workplace injury has returned to preinjury level is a decision regarding the extent of a claimant's disability and is not appealable-Court of appeals' judgment reversed.

It was within the fact-finding discretion of the Industrial Commission to reject relator-employer's affidavits and suggested inference, and to determine, on the facts of the case, that the perpetration of a fraud in receiving TTD compensation did not necessarily mean that the initial injury did not…

Workers' compensation coming-and-going rule totality of the circumstances. Trial court erred in awarding employer summary judgment by application of the coming-and-going rule where there were genuine issues of material fact as to whether accident arose out of and in the course of employee's…

The trial court did not err by entering summary judgment for Appellee on Appellant's claim for workers' compensation benefits. Generally, the coming-and-going rule bars compensation of a fixed-situs employee for injuries which occur off the work premises. Neither the zone-of-employment exception or…

Summary judgment Civ.R. 56 workers' compensation R.C. 4123.01 arising out of employment causal connection idiopathic injury. In order to survive defendants-appellees' motion for summary judgment, plaintiff-appellant had the burden of producing evidence demonstrating that a condition, risk, or…

Workers' compensation R.C. 4123.512 de novo scope of review failure to object to absence of exhibits to notice of hearing and deposition transcripts constitutes waiver. A trial court's scope of review on appeal from a workers' compensation determination pursuant to R.C. 4123.512 is, unlike…