Employment Law Court Rulings

Industrial commission did not abuse its discretion in ruling that relator voluntarily abandoned the workforce following the denial of her first PTD application in 2004. Because relator never previously contended that the commission failed to consider her allowed psychological condition in denying…

Trial court's determination regarding purported oral lease purchase agreement of mobile home is affirmed, particularly where there was testimony that appellants misrepresented the year of the mobile home.

The plaintiff appealed from a Superior Court judgment granting summary judgment in the defendants' favor. The plaintiff's daughter suffered severe injuries while in the care of a medical facility, where she was treated by two nurses, the defendants. Prior to suing the defendants, however, the…

Taxation-Real-property valuation-Jurisdiction-R.C. 5715.19(A)(1)-Limited-liability company failed to establish that its complaint was signed by an officer, salaried employee, partner, or member and therefore failed to meet its burden to establish that the board of revision had jurisdiction over its…

Appellate order reversing trial court final order rendered trial court's earlier determination that procedural issues were moot justiciable Trial court did not err in ruling on procedural issues.

Summary judgment for insurer proper where business-pursuit exclusion precluded coverage for losses resulting from insured's failure to control fire during barn demolition for neighbor. Exclusion applied even if work not performed on behalf of insured's employer and despite fact that he waived fee…

Workers' compensation claim R.C. 4123.512(F) attorney fees abuse of discretion settlement credibility. The trial court did not abuse its discretion in awarding attorney fees to appellant pursuant to R.C. 4123.512(F). Appellant's right to continue participating in the workers' compensation fund was…

Summary judgment Civ.R. 56 lack of informed consent negligence. The court found that Dr. Emlich was not an employee of OSUMC, and that pursuant to R.C. 2317.54, plaintiff could not prevail on a claim of lack of informed consent against OSUMC as a matter of law. Further, plaintiff provided no…

Trial court erred in granting summary judgment in favor of employee in administrative appeal from the denial of workers' compensation. Employee bore the burden of proof on the issue of an idiopathic cause of her fall, and there remained a genuine issue of material fact on that issue. Judgment…

WORKERS' COMPENSATION: The trial court did not abuse its discretion in granting the appellant employer's motion to dismiss the employee claimant's workers' compensation claim where the properly-served claimant failed to appear, failed to file his R.C. 4123.512(D) petition, failed to oppose the…

CIVIL - summary judgment Civ.R. 56 failure to demonstrate a genuine issue of material fact existed for trial tortious interference with an employment relationship malicious conduct proximate cause.

REPORTED OPINION granting in part, as to former PCC employees who separated from employment prior to September 23, 1996 and denying in part, as to former PCC employees who separated from employment on or after September 23, 1996, Motion to Dismiss - Rule 12(b)(1) and (6). The parties are directed…

Employer appeals jury verdict entitling worker to participate in workers' compensation fund. Trial court did not err or abuse its discretion in instructing jurors that they need not be certain of the date of the worker's injury, only that the worker proved by a preponderance of the evidence that he…

Breach of contract declaratory judgment motion to dismiss summary judgment motion to strike- The court found exhibits were not "mediation communications" under R.C. 2710.01 and denied defendant's motion to strike. Plaintiff sought unpaid balance of construction contract and declaration that its…