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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. …
What You Don't Know Will Hurt You: Physicians' Duty To Warn Patients About Newly Discovered Dangers In Previously Initiated Treatment, Barbara Eileen Calfee
What You Don't Know Will Hurt You: Physicians' Duty To Warn Patients About Newly Discovered Dangers In Previously Initiated Treatment, Barbara Eileen Calfee
Cleveland State Law Review
This Note will explore the newly recognized duty to warn a patient when the health care provider subsequently learns that previous non-negligent treatment is or may be harmful to him. The Note begins by discussing the need for a duty to follow up on medical treatment. The proposed duty is analogized to existing forms of liability involving obligations to inform, to correct and to continue acting within a special relationship. The Note then outlines the prima facie case for, and defenses to, an action for breach of the proposed duty to follow up. It then considers objections that may be …