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Articles 1 - 30 of 42
Full-Text Articles in Law
Why The Ohio Bureau Of Workers' Compensation Must Refund Fifty Million Dollars In Subrogation Payments: A Detailed Look Into The State Of Subrogation In Ohio After Holeton V. Crouse Cartage Company, Anthony Alan Baucco
Cleveland State Law Review
This Note begins by examining the complex history behind workers' compensation subrogation rights in the state of Ohio. This historical timeline flows from the period when statutory subrogation was non-existent in Ohio, to the first version of a subrogation statute in 1993, and finally to the broadened and revised statute in 1995. A detailed examination of the Supreme Court of Ohio's decision in Holeton v. Crouse Cartage Company follows the historical overview and focuses on the unconstitutionality of Ohio Revised Code section 4123.931. Additionally, the popular competing views gleaned from both the dissent in Holeton and the Bureau of Workers' …
Hayes And Mobley: Bridging The Definition Of Disability Under The Ohio Workers' Compensation Act And The Americans With Disabilities Act Of 1990 , Barbara L. Kramer
Hayes And Mobley: Bridging The Definition Of Disability Under The Ohio Workers' Compensation Act And The Americans With Disabilities Act Of 1990 , Barbara L. Kramer
Cleveland State Law Review
On June 11, 1997, the Supreme Court of Ohio issued decisions in two cases, State ex rel. Hayes v. Industrial Commission and State ex rel. Mobley v. Industrial Commission, in accordance with a ten-year-old definition of permanent total disability (hereinafter PTD) under the Ohio Workers' Compensation Act. This case comment will discuss Hayes and Mobley and the workers' compensation definition of PTD which gave rise to these cases. The case comment will also compare and contrast PTD and the ADA definition of disability. Finally, this case comment will suggest that, the outcome of Issue 2 notwithstanding, Hayes and Mobley can …
Ohio's Employment Intentional Tort: A Workers' Compensation Exception, Or The Creation Of An Entirely New Cause Of Action, Marc A. Claybon
Ohio's Employment Intentional Tort: A Workers' Compensation Exception, Or The Creation Of An Entirely New Cause Of Action, Marc A. Claybon
Cleveland State Law Review
This note will begin with a review of the history of workers' compensation in Ohio, including the development of the exclusive remedy provision. Next, this note will discuss the types of injuries normally compensated by the Ohio Workers' Compensation Act, followed by an analysis of the Ohio Supreme Court cases and legislation creating an intentional tort exception in Ohio. Finally, this note will critique newly enacted Revised Code section 2745.01, discuss the severe problems associated with an expansive interpretation of the statute, and suggest that continuing legislative reform is needed in this area of law.
Mental Stress And Ohio Workers' Compensation: When Is A Stress-Related Condition Compensable, Fred J. Pompeani
Mental Stress And Ohio Workers' Compensation: When Is A Stress-Related Condition Compensable, Fred J. Pompeani
Cleveland State Law Review
Recent national studies have confirmed that workplace stress knows no occupational boundaries and, moreover, threatens the psychological well-being of the United States work force. Stress-related claims are expected to increase through the 1990s, and recent commentators fear that this predicted increase in stress-based claims will destroy some states' workers' compensation systems. Because of the potential for fraudulent claims and costly litigation, many states have moved to define and limit the situations in which workers are eligible for stress-related benefits. Limitations have come in the form of legislative enactments or judicial decisions establishing specific requirements or restrictions regarding stress claims. The …
Workers' Compensation And Company Sponsored Events: The High Cost Of Employee Morale, Christine L. Sommer
Workers' Compensation And Company Sponsored Events: The High Cost Of Employee Morale, Christine L. Sommer
Cleveland State Law Review
This note explores an employer's potential liability when a worker is injured at a company sponsored event. Part two briefly outlines the history of workers' compensation law placing particular emphasis on the public policies that gave rise to implementation of the workers' compensation system. Part three analyzes workers' compensation statutes, examines the tests used to determine compensability and discusses the effect of exclusive remedy provisions on a worker's tort recovery. The last section discusses the methods used to determine whether injury sustained at a company sponsored event falls within workers' compensation statutes. It asks whether workers' compensation statutes are equipped …
The New Intoxication Defense For Ohio Employers, Terry A. Donner
The New Intoxication Defense For Ohio Employers, Terry A. Donner
Cleveland State Law Review
Ohio workers' compensation system has been in a state of emergency for the last two years as labor and business groups battled over a series of employee-oriented Ohio Supreme Court decisions. Labor groups hailed these decisions as the vehicle which would propel Ohio's workers' compensation law into the twentieth century. Conversely, business groups condemned the decisions asserting that they exposed Ohio employers to infinite liability and destroyed Ohio's industrial climate. S.B. 307 has changed the face of Ohio's workers' compensation law by revamping the definition of injury, establishing an intentional tort fund, and creating a new intoxication defense for Ohio …
The Need For Workers' Compensation Reform In Ohio's Definition Of Injury: Szymanski V. Halle's Department Store, Ellen L. Knight
The Need For Workers' Compensation Reform In Ohio's Definition Of Injury: Szymanski V. Halle's Department Store, Ellen L. Knight
Cleveland State Law Review
This Note begins with a background of Ohio Supreme Court limitations on the General Assembly's definition of injury in workers' compensation law. Part IV(C) of this Note will analyze other jurisdiction's approaches to the compensability of physical injury caused by mental stimulus and will discuss other aspects and refinements of personal injury in the course of employment. It is proposed that there is a need for reform in Ohio's construction of "any injury"'-one that will embrace the nationwide trends of "uniformly" compensating workers for both physical and mental injury caused by mental stimulus. Ohio currently excludes both types of injuries. …
Appellate Procedures In Workmen's Compensation Cases, James D. Kendis
Appellate Procedures In Workmen's Compensation Cases, James D. Kendis
Cleveland State Law Review
Workmen's compensation in the state of Ohio dates back to 1911 when the Ohio legislature enacted a voluntary Work- men's Compensation program. The legislation was soon tested in the courts and declared constitutional by the Ohio Supreme Court in the case of State ez rel. Yapel v. Creamer, the court finding that this type of "social" legislation was valid under the state police power. The legislature, in 1912, presented a constitutional amendment to the people of the State of Ohio for the purpose of establishing a formal Workmen's Compensation system which was adopted as Article II, Section 35.2 This section …
Workmen's Compensation And The Scholarship Athlete, Sheldon Elliot Steinbach
Workmen's Compensation And The Scholarship Athlete, Sheldon Elliot Steinbach
Cleveland State Law Review
Workmen's Compensation law is a law of a remedial nature and is liberally construed in all states. In order to avoid the impact of Van Horn and Nemeth, the schools must eliminate any contractual relationship which provides for the rewarding or renewal of scholarship aid only so long as the student plays on the team. If this proviso is eliminated from scholarship awards, the athlete's participation can be characterized under the law as voluntary or merely gratuitous, thereby avoiding the effect of the Workmen's Compensation Act. Should institutions of higher education persist in retaining a contractual employment relationship with their …
Positional Risk, Forces Of Nature, And Workmen's Compensation, Thomas Parker Hayes
Positional Risk, Forces Of Nature, And Workmen's Compensation, Thomas Parker Hayes
Cleveland State Law Review
The Ohio courts, in their interpretation of the Workmen's Compensation Law, have attempted to establish clear-cut principles of compensability for the working man when his on-the-job injuries are caused by the forces of nature and acts of God. However, the attempts of the courts to establish rules of compensability fail to provide predictability and consistency. The principles proposed are inadequate to cover all the situations that may arise.
Workmen's Compensation Denied: A Reply, Harold Ticktin
Workmen's Compensation Denied: A Reply, Harold Ticktin
Cleveland State Law Review
A reader of the January 1968 Symposium on Workmen's Compensation in the Cleveland-Marshall Law Review would be badly misled if he took the titles of the two articles by Messrs. Krise and Keller at face value.' While purportedly about appeals and recommended changes in the Ohio Workmen's Compensation law, these articles are in fact attacks on attorneys who represent claimants in workmen's compensation controversies.
Psychiatrist In Workmen's Compensation Field, Donald W. Loria
Psychiatrist In Workmen's Compensation Field, Donald W. Loria
Cleveland State Law Review
At one time, if a physician could find no objective evidence of disability, an employee usually lost his workmen's compensation case. If the x-ray and the electroencephalogram were negative, if no muscle spasm were present, if the diminished sensation to pinprick followed no anatomical pattern-if the doctors could find nothing in the examination to substantiate the employee's complaints of pain-the decision invariably found the employee was malingering. Compensation was denied. Toward the middle of this century, psychiatry began to offer some explanations.
Radiation Injury In Workmen's Compensation, Richard E. Hendricks
Radiation Injury In Workmen's Compensation, Richard E. Hendricks
Cleveland State Law Review
Whether because of expanded uses of the fruits of the nuclear age, or because of more insights into radiation caused diseases, in years to come more employees are likely to find themselves filing claims for workmen's compensation because of alleged radiation-caused diseases or illnesses. What are radiation diseases and injuries? Which occupations are likely to give rise to radiation exposure? Do present workmen's compensation laws provide coverage for such injuries and diseases, and to what extent? How is a claim processed? Can the present laws be improved, and what efforts are being made-or should be made-to im-prove them?
Editor's Preface To The Symposium, Nancy F. Halliday
Editor's Preface To The Symposium, Nancy F. Halliday
Cleveland State Law Review
It is intended that this symposium be beneficial not only to practicing attorneys dealing with specific problem areas of workmen's compensation, but also to workmen's compensation administrators and progressive state legislators in their efforts to improve the protection afforded both to labor and to industry.
Workmen's Compensation Legislative Trends Throughout The Country, Alfred A. Porro Jr.
Workmen's Compensation Legislative Trends Throughout The Country, Alfred A. Porro Jr.
Cleveland State Law Review
Any attempt to comprehensively analyze the voluminous and detailed Workmen's Compensation and Industrial Employee legislation throughout the United States awakens one to the vast scope of ourmindustrial society. The magnitude of progress in this field dominates all other considerations of this survey, designed to show what aspects of these laws are in the throes of legislative revision, with emphasis on advances in vocational rehabilitation, coverage of public employees, and expansion of occupational disease classifications. This survey encompasses not only legislative revisions, repeals and amendments proposed or pending before State lawmakers, but attempts a preview of future activity.
Expanding Employees' Remedies And Third Party Actions, Robert L. Millender
Expanding Employees' Remedies And Third Party Actions, Robert L. Millender
Cleveland State Law Review
The title of this article is perhaps somewhat misleading. Do third party actions expand employees remedies? Such actions arise out of provisions of our state and federal workmen's compensation laws granting an employer or his insurer the right to sue any person or persons who cause the injury to his employee. Also, third party actions arise under statutes granting the injured employee the right to sue the tort-feasor without loss of recourse against the employer. Third party actions do constitute an expanding remedy for the employer and his insurer; it is generally conceded that without a statutory provision the right …
Compensable Injury In Back Claims, John H. Small
Compensable Injury In Back Claims, John H. Small
Cleveland State Law Review
This article is the product of many years uncertainty and resulting unhappiness in advising clients, compensation insurers and their claims representatives-in their handling of back claims, and in the writer's own preparation and trial of such proceedings.No doubt this situation has been intensified by the fact that North Carolina is in the very small minority of jurisdictions limiting compensability by requiring an accident as a condition precedent, and yet recognizing this handicap, seeking exceptions where it could, to the accomplishment of justice at the cost of confusion.
Malone Re-Visited - Definition Of Injury Under The Ohio Workmen's Compensation Act, R. Brooke Alloway
Malone Re-Visited - Definition Of Injury Under The Ohio Workmen's Compensation Act, R. Brooke Alloway
Cleveland State Law Review
Since the adoption of Section 35 of Article II, Constitution of Ohio, the history of the meaning of "injury" has been subject to a tug-of war between the Legislature and the Supreme Court. Twice, in 1937 and in 1959, the Legislature has enacted amendments, both apparently with a view to liberalizing the scope of the term.
Aggravation Under Workmen's Compensation, Allyn D. Kendis, James D. Kendis
Aggravation Under Workmen's Compensation, Allyn D. Kendis, James D. Kendis
Cleveland State Law Review
Workmen's compensation has been defined as a system of social legislation providing compensation for loss resulting from the disablement or the death of workmen through industrial accident, casualty or disease. ... Recovery for an injury sustained in a workmen's compensation case is dependent upon the existence of all of the following six factors: (1) Jurisdiction of the subject matter; (2) Amenability of employer; (3) Proof of contract of employment; (4) Showing of a work related occurrence; (5) Sustaining of an injury as defined under the Workmen's Compensation Act; and (6) Proof of a causal relationship between the disabling condition and …
Processing A Workmen's Compensation Case In Ohio, James L. Young
Processing A Workmen's Compensation Case In Ohio, James L. Young
Cleveland State Law Review
The Workmen's Compensation system, which has been a part of Ohio law since May 31, 1911, represents a sharp departure in concept from the earlier methods of redressing work injuries. Under Workmen's,Compensation, neither the negligence of the employer nor that of, the employee plays any part in the determination of the employee's entitlement to the stated benefits. It is the fact of injury sustained in the course of and arising out of employment which is critical.
Recommended Changes In Ohio Workmen's Compensation, Elmer A. Keller
Recommended Changes In Ohio Workmen's Compensation, Elmer A. Keller
Cleveland State Law Review
While events on the national and international scene have changed drastically in the past 5 years both as to our economy and our way of life, workmen's compensation benefits as they affect both of these matters have remained relatively static. Change is the order of the day. To keep pace with constantly changing conditions, it is just as necessary that we keep up and change our laws to meet the changing problems which are ever upon us. In a dissertation on such an all inclusive subject, it is not possible to elaborate in too much detail each suggested change and …
Horseplay By Employees, Howard L. Oleck
Horseplay By Employees, Howard L. Oleck
Cleveland State Law Review
A principal type of practical joke (horseplay) injury is that caused by workmen trying to lighten the dull routine of work by playful funmaking. This involves the well established liability of a master for the torts of his servant done in the course and scope of the employment. It also involves the well-known limitation on respondeat superior that results when an employee in effect abandons his employment by making a detour from his business route, or by engaging in "a frolic of his own." This body of law has been greatly limited and changed (but not totally abolished) by enactment …
Appeals In Workmen's Compensation, M. Holland Krise
Appeals In Workmen's Compensation, M. Holland Krise
Cleveland State Law Review
There is a solution to the problem of appeals in the Ohio Workmen's Compensation Act. Permit the administrative officers who are well trained and have many years of experience to determine the facts and law with court appeals on questions of law only. Since Ohio is a State Fund operation, hearing officers probably should not be responsibleto the Bureau of Workmen's Compensation. This alliance could affect their judgment since they must defend the insurance fund against any claim which is, in their opinion, unlawful.
Jurisdiction In Longshoremen's Injuries, Richard E. Hendricks
Jurisdiction In Longshoremen's Injuries, Richard E. Hendricks
Cleveland State Law Review
The decision in Southern Pacific Co. v. Jensen that state law does not apply to injuries occurring on navigable waters, began a series of jurisdictional questions which continue today. This decision initially deprived some 300,000 longshoremen and harbor workers in dangerous occupations of a compensation remedy, but it paved the way for a federal statute providing them with compensation coverage. Longshoremen and harbor workers are today protected under state or federal law, depending on whether their injuries occur on land or "upon navigable waters." They may be eligible for coverage under both federal and state law.
Book Review, Richard E. Hendricks
Book Review, Richard E. Hendricks
Cleveland State Law Review
Reviewing Neil Carter, Guide to Workmen's Compensation Claims: The Anatomy of the Claims Function, Roberts Publishing Corp., 1965
Workmen's Compensation For Suicide After Traumatic Injury, Paul Mitrovich
Workmen's Compensation For Suicide After Traumatic Injury, Paul Mitrovich
Cleveland State Law Review
Since the institution of the Workmen's Compensation Acts, courts have recognized that in some instances compensation statutes cover suicide. However, these situations are few, and must meet a rigid set of tests before a court will award compensation to the decedent's family or survivors.
Horseplay By Employees, Michael Kaye
Horseplay By Employees, Michael Kaye
Cleveland State Law Review
The trend of authority is strongly in favor of eliminating the aggressor defense from Workmen's Compensation law. The instigator, like the victim or participant in horseplay, is now likely to be compensated for his injuries resulting from sportive acts. This is looked on by the law as a reasonable consequence of the natural conditions of employment rather than as a deviation. "Horseplay" is the colloquial term referring to sportive and playful acts often used legalistically to describe the conduct of employees who skylark or prank, doing injury to themselves or to others. Sportive conduct includes assaults with or without an …
Compensability Of Non-Traumatic Ulcer, Carl L. Stern
Compensability Of Non-Traumatic Ulcer, Carl L. Stern
Cleveland State Law Review
Titles can be misleading. So, lest the writer be accused of unfair legal merchandising, I must declare at the outset that the non-traumatic ulcer is not compensable, given the present state of the law. I cannot claim that the non-traumatic ulcer has never been held compensable. I can only asseverate that no such holding was uncovered in the course of extended examination of workmen's compensation disputes which have reached courts of review.
Diseases Of Obscure Etiology: Legal Aspects, Paul D. Rheingold
Diseases Of Obscure Etiology: Legal Aspects, Paul D. Rheingold
Cleveland State Law Review
The purpose of this note is to gather and analyze legal cases which have involved diseases characterized by the courts or medical witnesses as being of obscure etiology or in which the role of trauma is uncertain. Basic to this discussion is an understanding of the concepts of causation, precipitation and aggravation as they are used both legally and medically.
Suicide Under Workmen's Compensation Laws, Thomas J. Scanlon
Suicide Under Workmen's Compensation Laws, Thomas J. Scanlon
Cleveland State Law Review
No jurisdiction allows a death claim for suicide according to the strict definition of the term. When death benefits are paid to a decedent's dependents for death produced by his own hand, the term "self-destruction" rather than suicide is applicable. To allow recovery, all jurisdictions require that the decedent be subject to some mental derangement at the time of the commission of the act. It is the degree of derangement required, the manifestation of it, and the causal relationship of it to the compensable injury which create problems.