Justia Labor & Employment Law Opinion Summaries

In 2015, Michael Shields, a mechanic for the Greater Cleveland Regional Transit Authority (RTA), injured his left shoulder. The Bureau of Workers’ Compensation approved his claim for left shoulder strain. In 2017, Shields sought benefits for a related right shoulder injury, which the bureau denied. Shields then sued in the Cuyahoga County Court of Common Pleas, and in May 2022, a jury found him entitled to benefits for the right shoulder injury. The RTA appealed, and the Eighth District Court of Appeals affirmed the decision on April 27, 2023.Following the appellate court's decision, Shields filed a motion on May 8, 2023, seeking $26,221 in appellate attorney fees or a remand to the trial court to determine the fees. The RTA opposed, arguing the motion was untimely and that Shields had waived the issue by not seeking fees earlier. The appellate court ruled in favor of Shields, allowing him to recover appellate attorney fees and remanded the case to the trial court to determine the amount.The Supreme Court of Ohio reviewed the case and affirmed the appellate court's decision. The court held that a worker who prevails at trial in a workers’ compensation action may request attorney fees after obtaining an appellate judgment on the merits. The court emphasized that the workers’ compensation statute should be liberally construed in favor of employees and found no statutory requirement for the timing of such a request. The court dismissed the RTA's arguments regarding the timing and jurisdiction of the fee request and did not address the issue of fee caps, as it was not ripe for review. View "Shields v. Bureau of Workers’ Compensation" on Justia Law

Paul Prinkey Jr. was injured while working for Emerine’s Towing, Inc. on January 19, 2015. His workers' compensation claim was allowed for myocardial infarction, substantial aggravation of pre-existing coronary artery disease, and major depressive disorder. Prinkey filed his first application for permanent-total-disability (PTD) compensation on February 4, 2019, which was denied by the Industrial Commission of Ohio based on medical evaluations indicating he was capable of sedentary work. Prinkey filed a second application for PTD compensation on June 4, 2021, citing worsening symptoms.The Industrial Commission denied Prinkey’s second application, stating he failed to present evidence of new and changed circumstances as required by the amended R.C. 4123.58(G). The commission's staff hearing officer (SHO) found no jurisdiction to address the application due to the lack of new evidence. Prinkey sought a writ of mandamus from the Tenth District Court of Appeals, which returned the matter to the commission for further proceedings, finding the SHO's order lacked adequate explanation and evidence.The Supreme Court of Ohio reviewed the case and affirmed the Tenth District's decision. The court held that the SHO failed to comply with the requirements of State ex rel. Noll v. Indus. Comm., which mandates that the commission must specifically state the evidence relied upon and briefly explain the reasoning for its decision. The court found that the SHO did not provide sufficient reasoning or cite specific evidence to support the conclusion that Prinkey failed to present new and changed circumstances. Consequently, the case was returned to the Industrial Commission for further proceedings. View "State ex rel. Prinkey v. Emerine's Towing, Inc." on Justia Law

The case involves Patricia A. Heilman, the surviving spouse of Arthur J. Heilman, who died from an industrial accident. Patricia Heilman sought scheduled-loss compensation under Ohio law, claiming her husband had lost the use of both arms, both legs, sight in both eyes, and hearing in both ears before his death. The Industrial Commission of Ohio denied her request based on a nonexamining physician's report, which did not fully accept the findings of the examining physicians.The Tenth District Court of Appeals reviewed the case and granted a limited writ of mandamus. The court ordered the Industrial Commission to vacate its denial of scheduled-loss compensation and to re-evaluate whether Patricia Heilman had established her claims under the relevant statute. The court found that the Commission had improperly relied on the nonexamining physician's report, which did not comply with the requirements set forth in Wallace v. Industrial Commission.The Supreme Court of Ohio reviewed the case and affirmed the Tenth District's judgment. The court held that the Industrial Commission abused its discretion by relying solely on the nonexamining physician's report, which failed to accept the objective findings of the examining physicians. The Supreme Court clarified that while the Commission could not base its decision solely on the nonexamining physician's report, it could use the report as guidance in evaluating the remaining medical evidence. The court ordered the Commission to vacate its previous order and issue a new decision based on a proper evaluation of the evidence. View "State ex rel. Heilman v. Industrial Commission" on Justia Law

The case involves the termination of a police chief, Erica Barga, by the Village Council of St. Paris. Barga was placed on administrative leave by the mayor, who filed charges against her for insubordination and neglect of duty. Barga requested a public hearing to address these charges. The village council conducted the hearing in public but deliberated in executive session before voting to terminate Barga's employment.The Champaign County Court of Common Pleas upheld the village council's decision, concluding that Barga did not have a substantive or procedural right to have the entire disciplinary hearing open to the public. The court also found that the village council's decision was presumed valid and that Barga had not overcome this presumption.The Second District Court of Appeals affirmed the lower court's decision regarding the Open Meetings Act, relying on a federal district court decision that exempted quasi-judicial proceedings from the Act. However, it found that the common pleas court had applied the wrong standard of review and remanded the case for a de novo review.The Supreme Court of Ohio reversed the court of appeals' decision, holding that the village council violated the Open Meetings Act by deliberating in executive session after Barga requested a public hearing. The court emphasized that the plain terms of the Act required the council to consider the charges in a public hearing. The court remanded the case to the village council for a public hearing in compliance with the Open Meetings Act. View "Barga v. St. Paris Village Council" on Justia Law

Jeffrey Harmon and David Beasley, longtime employees of the City of Cincinnati and members of a city-employees union, were placed on leave under a Temporary Emergency Leave (TEL) program implemented in April 2020 in response to the COVID-19 pandemic. They used accrued paid leave during this period and appealed the city's decision to the Cincinnati Civil Service Commission, arguing that the city had not followed proper layoff procedures. The commission determined that the TEL program was not a layoff and denied their request for a hearing, instead holding an "appearance."Harmon and Beasley appealed the commission's decision to the Hamilton County Court of Common Pleas, which reversed the commission's determination and remanded the matter for a hearing. The city appealed to the First District Court of Appeals, arguing that the common pleas court lacked jurisdiction because the matter was governed by the collective-bargaining agreement (CBA) and the commission's decision was not the result of a quasi-judicial proceeding. The First District held that the common pleas court had jurisdiction under the CBA and R.C. 2506.01, as the commission's decision was an adjudication from a quasi-judicial proceeding.The Supreme Court of Ohio reviewed the case and affirmed the First District's judgment. The court held that Harmon and Beasley had a right to appeal the commission’s decision under R.C. 2506.01 and were not precluded by R.C. 4117.10. The court determined that the commission was required to hold a hearing under the Cincinnati Civil Service Rules, and its failure to do so did not divest the common pleas court of jurisdiction. The court concluded that the commission's decision was the result of a quasi-judicial proceeding, thus allowing the appeal to the common pleas court. View "Harmon v. Cincinnati" on Justia Law

A labor dispute arose between the City of Cleveland and the Ohio Patrolmen’s Benevolent Association (the union representing dispatch supervisors) over overtime scheduling. The dispute was submitted to arbitration, where the arbitrator denied the union's grievance. The union then sought to vacate the arbitration award by filing an application in the Cuyahoga County Common Pleas Court, serving the city but not the attorneys who represented the city in the arbitration.The Common Pleas Court initially denied the city's motion to dismiss the union's application, but later reversed its decision after the Eighth District Court of Appeals ruled in a different case that failure to serve the adverse party's counsel deprived the court of jurisdiction. Consequently, the Common Pleas Court dismissed the union's application and confirmed the arbitration award in favor of the city. The Eighth District affirmed this decision, citing two defects: the union's application was in the form of a pleading rather than a motion, and it failed to serve the city's arbitration counsel.The Supreme Court of Ohio reviewed the case and held that under R.C. 2711.13, a party seeking to vacate an arbitration award must serve either the adverse party or its counsel, not necessarily both. However, the court also held that the union's application did not meet the statutory requirements because it was filed as a pleading (a complaint) rather than a motion. The court emphasized that a motion must state with particularity the grounds for the requested order, which the union's filing failed to do. Thus, the Supreme Court of Ohio reversed the Eighth District's decision regarding the service requirement but affirmed the decision that the union's application did not meet the statutory form requirements, leaving the arbitration award in favor of the city intact. View "Ohio Patrolmen's Benevolent Assn. v. Cleveland" on Justia Law

The case revolves around a workers' compensation claim filed by Billy J. Ottinger, who suffered a severe injury while working for B&B Wrecking & Excavating, Inc. Ottinger fell from a roof and landed on his legs, resulting in significant weakness and immobility. The Bureau of Workers’ Compensation awarded Ottinger compensation for the loss of use of both legs. However, the Industrial Commission of Ohio later vacated this decision, denying Ottinger's request for loss-of-use compensation.The Bureau's decision was initially challenged by the Industrial Commission, which argued that there was a lack of medical evidence to support the award for loss-of-use compensation. The Commission exercised its continuing jurisdiction and vacated the Bureau's decision, citing a clear mistake of fact and law. The Commission found that the Bureau's decision was based on an incorrect diagnosis of paraplegia, leading to the incorrect conclusion that Ottinger was completely paralyzed.Ottinger appealed to the Tenth District Court of Appeals, seeking a writ of mandamus to reinstate the Bureau's decision. However, the court of appeals denied the request, concluding that the Commission's decision was supported by some evidence and that awarding Ottinger loss-of-use compensation based on that evidence was a clear mistake of law.The Supreme Court of Ohio affirmed the Tenth District's judgment. The court found that the Commission did not abuse its discretion by exercising its continuing jurisdiction to vacate the Bureau's order awarding Ottinger loss-of-use compensation based on a clear mistake of fact. The court also concluded that the Commission did not abuse its discretion by denying Ottinger's motion for loss-of-use compensation, as the decision was supported by some evidence. View "State ex rel. Ottinger v. B&B Wrecking & Excavating, Inc." on Justia Law

The case revolves around a dispute over workers' compensation. The appellant, Brian Caldwell, was injured while working for the appellee, Whirlpool Corporation. After a successful initial workers’ compensation claim, Caldwell sought coverage for additional conditions a few years later. However, his claim for these additional conditions was denied after administrative hearings before the commission. Caldwell then appealed to a court of common pleas under R.C. 4123.512. The trial court and the court of appeals, in granting and affirming summary judgment in favor of Whirlpool, determined that Caldwell’s claim had expired as a matter of law because a separate statute, R.C. 4123.52, limited the commission’s continuing jurisdiction to five years from the date of the last payment of compensation on Caldwell’s initial claim and that five years had passed.The Supreme Court of Ohio disagreed with the lower courts' interpretation. The court held that when a workers’ compensation claimant perfects an appeal under R.C. 4123.512, the subsequent expiration of the commission’s five-year period of continuing jurisdiction under R.C. 4123.52 does not cause the claim that is pending in court to expire as a matter of law. The court reasoned that R.C. 4123.52, which establishes the continuing jurisdiction of the commission, does not affect R.C. 4123.512 court proceedings once they have been properly initiated. Therefore, the Supreme Court of Ohio reversed the judgment of the Third District Court of Appeals and remanded the case to the trial court for further proceedings. View "Caldwell v. Whirlpool Corp." on Justia Law

The case revolves around a worker's compensation claim by appellant, Loretta Dillon, against the Industrial Commission of Ohio and others. Dillon had received temporary-total-disability (TTD) compensation for a work-related back injury, which was subsequently reversed on appeal after it was determined that she had reached maximum medical improvement and was no longer temporarily disabled. As a result, R.C. 4123.511(K) required the Bureau of Workers’ Compensation to recoup the overpayment of compensation that Dillon had received after she had reached maximum medical improvement.Dillon appealed this determination to the Tenth District Court of Appeals, seeking a writ of mandamus to compel the commission to vacate the order that declared an overpayment of TTD compensation and to issue a new order dissolving the overpayment. The court of appeals denied the writ, and the Supreme Court of Ohio affirmed this decision.The Supreme Court held that the plain language of R.C. 4123.511(K) required the bureau to recoup the overpayment of TTD compensation payments that Dillon received after she reached maximum medical improvement from any future benefits she might receive. It further overruled a previous case, State ex rel. Russell v. Indus. Comm, which Dillon relied on for her argument that recoupment was not warranted, stating that the reasoning in that case ran counter to the plain language of R.C. 4123.511(K) and R.C. 4123.56(A). View "State ex rel. Dillon v. Indus. Comm." on Justia Law

The Supreme Court of Ohio affirmed the decision of the lower court, granting a writ of mandamus to Cassens Corp., a self-insuring employer, against the Industrial Commission of Ohio. The case involved an employee, Luis Ybarra, who was injured on the job when he was struck by a vehicle driven by a coworker who had failed to clear the snow and ice from the windshield. The Commission had found that Cassens Corp. violated a specific safety requirement (VSSR) and granted an application for an additional workers' compensation award. Cassens Corp. sought a writ of mandamus to compel the Commission to vacate its order. The Supreme Court of Ohio held that the Commission erred in finding that the outdoor yard where Ybarra was injured constituted a "workshop" under the applicable administrative code. Therefore, the company could not have committed a VSSR under the code. As a result, Cassens Corp. was entitled to a writ of mandamus ordering the Commission to vacate its decision and refund all additional compensation paid by Cassens Corp. in accordance with the Commission's order. View "State ex rel. Cassens Corp. v. Indus. Comm." on Justia Law