Publications
A claimant's receipt of pension benefits from a source other than the employer triggers the presumption that the claimant has withdrawn from the workforce.
The claimant testified that he signed up for Social Security old age benefits (he was 67), as well as a pension from the union, following a knee replacement for a work-related injury.
Supervisor's six derogatory comments over a six-year time frame was insufficient to support plaintiff's Title VII claim of a hostile work environment.
In Sanchez, the plaintiff alleged that his supervisor made six derogatory comments about his national origin over a six-year time frame and filed suit for, among other claims, violation of Title VII in the creation of a hostile work envir
Case Law Alert - 2nd Qtr 2010
State employee's suits for violation of collective bargaining agreements must be brought in a Court of Common Pleas and not in the Court of Claims.
A juvenile corrections specialist in the Ohio Department of Youth Services filed suit in the Ohio Court of Claims following a collective bargaining arbitration that resulted in a finding that her termination was with just cause.
Case Law Alert - 2nd Qtr 2010
Pharmaceutical sales representative is exempt from overtime under the Fair Labor Standards Act pursuant to the administrative employee exemption.
The plaintiff filed a lawsuit seeking to certify a collective action pursuant to the Fair Labor Standards Act as a result of her employer's failure to compensate pharmaceutical sales representatives for overtime worked.
Case Law Alert - 2nd Qtr 2010
Court dismisses plaintiff's Americans with Disabilities Act claim, holding that his sleep apnea failed to qualify as an impairment under the Act.
In Keyes, the plaintiff filed a lawsuit against his former employer, alleging that they terminated his employment in violation of the Americans with Disabilities Act.
Case Law Alert - 2nd Qtr 2010
A claimant who accepts a buyout from the employer while on modified duty is entitled to a reinstatement of temporary total disability benefits.
In this case, following the claimant's work-related left knee injury, he returned to work for the employer in a light duty capacity. Thereafter, the claimant had knee surgery and was released to return to work with restrictions.
Durable power of attorney was broad enough to authorize agreement for binding arbitration of claim against skilled nursing facility.
The Fifth District Court of Appeals found that a durable power of attorney was broad enough to authorize the nursing home resident's daughter to enter into an agreement for binding arbitration.
Case Law Alert - 2nd Qtr 2010
Under what circumstances will a preexisting condition trigger Second Injury Fund involvement in a permanent total disability claim?
Petitioner was employed as a service clerk with the respondent, Verizon, where she was responsible for fielding phone calls from customers, resolving service issues, and typing repair orders.
A recent Appellate Division ruling offers strong incentive for employers to provide coffee to their employees on-site.
The petitioner was a master plumber and foreman with the respondent, Barnickel Enterprises, Inc.
An employer does not, per se, engage in unreasonable contest when it files a penalty petition against the claimant.
Following the claimant's work injury, the claimant settled a related third party case while receiving benefits.