Experience
Amicus Briefs Before Ohio Supreme Court
Filed amicus briefs before the Ohio Supreme Court on behalf of employers on issues of insurance coverage in intentional tort cases.
Court Cases
Selected court cases:
- RWI Transportation LLC v. California Employment Development Department (5308590)
Reversing imposition of a multimillion dollar state tax assessment by establishing that fleet and long haul drivers are independent contractors, not employees. - Goode v. Deaconess Hospital (A0708530)
Hamilton County Common Pleas
Defense verdict--Employee's lumbar and cervical disc conditions not caused by work-related injury. - Crawford v. General Motors Corp. (A-9110056)
Hamilton County Common Pleas
Defense verdict--Product liability--alleged defective seatbelt. - General Accident Ins. Co. v. Black & Decker (US) Inc.
Hamilton County Common Pleas
Judgment in favor of Defendant in product liability claim (bench trial). - Birkenheuer v. Black & Decker (U.S.), Inc.
We represented a major household product manufacturer in a personal injury matter in Hamilton County, Ohio. The Plaintiff alleged she had suffered significant injuries when operating a hand-held mixer. The case went to trial. By utilizing effective presentations from our expert witnesses, including a live demonstration for the jury, and cross-examination of the Plaintiff and her expert witnesses, we were able to obtain a defense verdict on behalf of our client. - Wendt v. City of Hamilton (CV 2006-06-1966)
Butler County Common Pleas
Defense verdict--Firefighter’s heart attack not caused by cumulative effects of smoke, heat and gas. - Coleman v. City of Hamilton (CV 2004 10 2942)
Butler County Common Pleas
Defense verdict--Employee’s leg injuries not sustained in scope and course of employment. - Stone v. Ball Corp. (03 CVD-10-11034)
Franklin County Common Pleas
Defense verdict--Employee’s psychological condition not caused by work-related injuries. - Adkins v. Ball Corporation (A0101858)
Hamilton County Common Pleas
Defense verdict--Employee’s additional conditions not caused by work-related injuries. - Connelly v. Deaconess Hospital (A0005271)
Hamilton County Common Pleas
Defense verdict--Employee’s additional conditions not caused by work-related injuries. - Frazier v. Quest Diagnostics
Defense verdict--Employee’s additional conditions not caused by work-related injuries (bench trial). - Miller v. Procter & Gamble Mfg. Co.
Directed verdict in favor of premises owner versus employee of independent contractor.
Ohio Supreme Court and Tenth District Court of Appeals Workers' Compensation Mandamus Cases
Appeared before the Ohio Supreme Court and Tenth District Court of Appeals in numerous workers' compensation mandamus cases on a variety of issues from Violation of Specific Safety Requirements to permanent total disability.
Representation at Meetings with Ohio Bureau of Workers' Compensation
Have attended numerous meetings at Ohio Bureau of Workers' Compensation over employer risk issues, PEOs, successorships, penalty-rating, association group-rating, TPA concerns, MCOs.
Representation Before Full Industrial Commission
Defended employers before the full Industrial Commission on numerous occasions, including recent defense of an employer which was issued an overly broad subpoena which the Industrial Commission substantially limited.
Representation Before Ohio Bureau of Workers' Compensation Adjudicating Committee
On numerous occasions have represented employers and TPAs before the Ohio Bureau of Workers' Compensation Adjudicating Committee.
Representation of Employers Before Ohio Bureau of Workers' Compensation Self-Insured Review Panel
On numerous occasions have represented employers on Self-Insured issues before the Ohio Bureau of Workers' Compensation Self-Insured Review Panel and in meetings with members of the Self-Insured Department.
Service on Bureau of Workers' Compensation and Industrial Commission Committees
Selected by the Administrator and by the Chairman of the Industrial Commission to serve on Bureau of Workers’ Compensation and Industrial Commission committees in charge of drafting the original rules for PEOs and wage loss, respectively.
State, ex rel. Blanton v. Ind. Comm., 2003-Ohio-3271
We successfully defended a challenge filed by a claimant to an order denying her request that our client pay for her medical bills even though they were not related to her industrial injury. We were able to effectively shut down this claim with this decision.
State, ex rel. Crossett Co. v. Conrad, 2000-Ohio-464
We successfully challenged the Bureau of Workers' Compensation decision to hold our client responsible for workers' compensation premiums which were owed by our client's predecessor in interest which the BWC said our client inherited. We demonstrated that because the amounts allegedly due from the predecessor were related to the retrospective rating program, it was illegal for the BWC to order that our client was responsible for this plan which was agreed to by our predecessor. We used a novel approach to argue that the retrospective rating program was an exception to the rule that allows BWC to charge successor employers with premiums of its predecessors.
State, ex rel. Delany v. Ind. Comm., 2006-Ohio-427
The claimant sought an order requesting the payment of temporary total compensation even though she had been terminated for failing to accept a light duty job offer from the employer. The Ohio Supreme Court agreed with our position that the claimant's actions constituted a voluntary abandonment which precluded the payment of temporary total compensation. This decision further solidified the voluntary abandonment defense which can be utilized by all employers to defend requests for temporary total compensation by claimants who refuse light duty jobs.
State, ex rel. Eckerly v. Ind. Comm., 2005-Ohio-2587
We successfully defended an order of the Industrial Commission which denied temporary total compensation to a claimant who had been fired due to his failure to comply with the "no call, no show" policy, despite the claimant's allegations that his condition significantly worsened following his termination. We were able to convince the Ohio Supreme Court not to extend the ability of claimants who were terminated as the result of a clear violation of company rules, to obtain temporary total compensation even though the claimant's medical condition had worsened following the termination. This resulted in a significant cost savings to our client.
State, ex rel. Genuine Parts Co. v. Ind. Comm., 2005-Ohio-1447
We challenged an award of temporary total compensation to a claimant on the basis that her doctor was treating her for conditions not related to the industrial injury. The court agreed with our position, finding that despite the disability forms signed by the treating doctor listing the allowed conditions, his office notes proved that he was actually treating her for conditions not related to her claim. This case saved our client a considerable amount of money and presently serves as legal precedent which allows employers to look beyond the disability forms completed by doctors to determine if in fact the disability is related to the industrial injury.
State, ex rel. McCoy v. Dedicated Transport, 2002-Ohio-5305
We successfully defended a request made by a terminated employee for temporary total compensation. The Ohio Supreme Court ruled that because the employee was fired for violating company rules, he forfeited his eligibility for temporary total compensation, even though his disability worsened to the point where he could no longer work. This resulted in significant cost savings to our client. It also served as a landmark case on the issue of voluntary abandonment.
State, ex rel. OSU v. Allen, 2004-Ohio 3839
The Ohio Supreme Court agreed with our challenge of a permanent total disability award and vacated the award. The Court found that the evidence relied upon by the Industrial Commission was flawed and not submitted in a timely fashion. The client saved a considerable amount of money as the order that the claimant be awarded lifetime disability was vacated. The decision reaffirmed the principle that the Industrial Commission was obligated to follow its own rules when adjudicating permanent total disability matters.
State, ex rel. OSU v. Wooten, 2001-Ohio-1596
We successfully challenged an award of permanent total disabillity to the claimant on the basis that the evidence relied upon to support this award was submitted at the hearing table in violation of all applicable rules. The Ohio Supreme Court found that the decision was an abuse of discretion. This decision saved our client a considerable amount of money. It also established precedent that the Industrial Commission was required to follow its own rules.
State, ex rel. Paysource USA v. Industrial Commission of Ohio
Our firm represented the Employer in State, ex rel. Paysource USA v. Industrial Commission of Ohio, which was decided by the 10th District Court of Appeals on June 30, 2009. In its decision, the Court found in favor of our client, ruling that the Claimant was not entitled to temporary total compensation due to the fact that he had abandoned the workforce when he was terminated for having violated the Employer's Drug Free Workplace policy. Previously caselaw had held that an employee who was already disabled from a work-related injury did not have the ability to abandon the workforce, and would therefore be entitled to temporary total. In our case, it was argued that since the Claimant had been terminated based upon a positive post-accident drug screen, he was already disabled by the time of the termination, and the Industrial Commission had awarded the Claimant temporary total. On the Employer's appeal, however, the Court of Appeals reversed, agreeing with our contention that the Claimant had effectively abandoned the workforce at the time he used the illegal drugs, despite the fact that his usage was not discovered until after the injury.
Trial
On behalf of a PEO, won a court trial which overturned an Industrial Commission finding. The court denied the claim for occupational asthma. This result is a vacation of subsequent a finding of permanent total disability, saving the employer over $100,000 in premiums.
Trial
Defended a temporary agency in a suicide case involving an injured worker who killed himself three years after the injury because of unbearable pain from his back injury. The case was ultimately settled for a nuisance-value amount, saving the employer over $500,000 in premiums.