Workers' Compensation

Claimant was a groundskeeper at the university who had uncontrolled diabetes. He developed a diabetic foot ulcer that became septic, resulting in a below-the-knee amputation.  He alleged the ulcer was due to a work incident in which he stepped wrong off a curb while weed-eating, causing a contusion that led to a blister. Defense counsel introduced testimony from co-workers implicating an incident at home when he was using a shovel as the cause of the blister rupturing, close in time to his hospitalization for sepsis. Defense expert medical testimony indicated there was no reason to believe the ulcer was caused by any specific traumatic incident, as it had the appearance of a classic, non-traumatic diabetic foot ulcer. Claimant was seeking permanent total disability ($431,646.71) plus medical benefits related to his amputation and prosthesis. The claim was dismissed in its entirety based on the threshold causation issue.

Seventh District Court of Appeals affirmed dismissal of workers’ compensation appeal to common pleas court due to failure to challenge dependency determination in mandamus.

Successful defense of company from claims of workers’ compensation retaliation and intentional tort.

Claimant was seeking permanent total disability benefits as a result of a knee injury resulting in a total knee replacement. She alleged her knee condition developed as a result of cumulative trauma from standing on a factory floor, depressing a machine pedal, and pivoting as she moved parts on and off her machine. Counsel presented testimony from a co-worker that the claimant described an acute injury to her knee occurring at home over the weekend prior to her presentation at work with a noticeable limp, and cross-examined the claimant’s treating physician, who retreated from his causation opinion in light of the testimony from the co-worker and other relevant facts not previously presented to him by the claimant. The matter was submitted for determination and the judge dismissed the claim in its entirety, finding no work-related injury occurred.

In a unanimous defense verdict, the jury found that Plaintiff’s heat exhaustion, dehydration, and acute kidney injury did not arise out of his employment with Reminger’s client.  Although Plaintiff indisputably became severely ill while working as a delivery driver, the jury was not convinced that his job duties caused his illness and subsequent hospitalization.

Motion for summary judgment granted in workers' compensation claim for a large bank. The case involved a bank teller who sustained a concussion, post-concussive syndrome, and a protruded lumbar disc from a motor vehicle injury during their lunch break. We filed a motion for summary judgment arguing that because the Plaintiff was on a purely personal mission when they were injured, they were therefore, not in the course and scope of their employment. 

Plaintiff demanded right to participate in Ohio’s workers’ compensation fund for knee arthritis. Summary judgment granted on basis of res judicata after Plaintiff failed to exhaust appellate remedies in earlier action. 

Claimant was a 64-year-old high wage-earner and long-term employee seeking permanent total disability award following shoulder surgery that precluded him from returning to work as a professional truck driver.  A PTD award had a value over $300,000.  At the close of mediation, the claimant’s final demand was $184,000 and the employer drew the line at $150,000.  The claim was submitted for determination and the administrative law judge agreed the claimant was only partially disabled, resulting in an award worth $130,000.

Successfully obtained a total refund from the Ohio Bureau of Workers’ Compensation (BWC) Surplus Fund for the entire cost of a claim. Utilized a narrow exception offered to state fund employers when their employees are injured as the result of a “Not-At-Fault Motor Vehicle Accident.”  The BWC agreed to remove the cost of the entire claim from the employer’s experience, which was significant since there was nearly $40,000.00 in indemnity and medical bills paid in the claim.  The claim ultimately settled for $34,500.00.   However, our client was charged nothing for the settlement since The BWC agreed to reimburse the State-Fund employer for all charges to their experience from this claim, including the final settlement. 

Claimant was seeking permanent income and medical benefits as a result of a low back, hip and leg injury.  He was specifically seeking coverage for lumbar surgery.  Counsel was able to utilize surveillance and medical records documenting prior lumbar radiculopathy effectively to undermine the claimant’s credibility and secure an opinion dismissing the low back claim and limiting liability to an award for 2% impairment and future medical treatment of the leg alone.  The decision allowed for a post-award settlement on a full and final basis on favorable terms.

Affirming trial court’s dismissal of workers’ compensation claim for alleged COVID-19 exposure.

Claimant was seeking permanent income and medical benefits as a result of lumbar radiculopathy.  Through diligent investigation into her prior medical history and post-injury employment with another employer, which the claimant failed to disclose to the carrier, counsel secured an award of temporary benefits, which were offset entirely by the combination of temporary total disability benefits already paid and the claimant’s post-injury wages from other employment, resulting in no additional liability for the employer.

Obtained unanimous defense verdict in favor of freight carrier client in workers’ compensation claim involving an alleged shoulder injury.

Defense of specific safety requirements violation claim.

Affirming the Industrial Commission of Ohio's denial of a worker’s compensation claim. We filed a Motion to Dismiss arguing that the claim was not a “right to participate” issue, but rather an “extent of disability” issue such that it was not appealable to the Court of Common Pleas.  The trial court agreed and granted our Motion.  On appeal, the 2nd District Court of Appeals upheld the decision of the trial court.

Defended our client against claims of lock-out/tag-out, guarding, and e-stop regulations violations.

Represented Plaintiff in pursuit of a VSSR award.

Defense of worker’s compensation case wherein Claimant filed an appeal to a denial of right ear Eustachian tube dysfunction.

Claimant sought VSSR award as a result of a forklift incident. The claim for additional benefits was denied after hearing, as was a motion for rehearing. No mandamus appeal. 

Claimant was seeking permanent income and medical benefits following a work-related lumbar strain and eventual lumbar fusion.  Through diligent investigation into the claimant’s intervening activities, including a subsequent lumbar injury with another employer, defense counsel limited the award to temporary income and medical benefits already paid, avoiding liability for the fusion surgery and related impairment.

Represented Plaintiff in pursuit of a VSSR award for an occupational accident caused by faulty equipment.

Injured worker appealed negative award that she take nothing away from her application for benefits on the basis that her injuries did not arise out of or were incurred within the course of employment to the 7 members of the Indiana Worker’s Compensation Board.

Claimant alleged both acute injury and cumulative trauma injury to knee. Defense counsel presented testimony from the claims adjuster refuting the claimant’s account and testimony from the treating physician rebutting cumulative trauma claim, resulting in complete dismissal.

Claimant was a 72-year-old woman who had worked as a machine operator for the defendant for 33 years prior to sustaining a work-related hip fracture, requiring surgery and resulting in a claim for PTD benefits. Through effective cross-examination concerning the basis for claimant’s failure to return to work post-surgery, defense counsel limited claim to an award of PPD benefits based on a 2% impairment rating.

In this post-award Medical Fee Dispute, the claimant underwent an extended hospital stay as a result of an ulcer allegedly related to an infection of hardware implanted after a work-related ankle injury. Defense counsel presented expert medical proof that the ulcer was a result of the claimant’s diabetes and not a hardware infection, resulting in a savings of more than $284,500 in disputed medical bills.

Claimant alleged a work-related shoulder injury resulting in surgery. Working closely with the employer, defense counsel introduced testimony refuting the claimant’s account and secured a complete dismissal of the claim.

Plaintiff alleged negligence against a warehousing entity for whom he was performing work on a forklift.  Plaintiff was precluded from bringing a claim against the Defendant because it constituted a “joint employer” under Indiana’s Worker’s Compensation Law; thus, Plaintiff’s remedy was limited to worker’s compensation benefits through his staffing agency employer.

Claimant sought TTD and permanent income and medical benefits as a result of an alleged thoracic injury from lifting at work. Defense counsel presented testimony from the employer and multiple other lay witnesses regarding claimant’s activities following the incident, resulting in a finding of a temporary strain with no award of additional benefits.

Claimant sought permanent income and medical benefits as a result of a low back injury. Working closely with the employer, defense counsel introduced testimony refuting the claimant’s account, resulting in a finding of a temporary strain with no additional benefits awarded.

Claimant sought TTD, PTD and medical benefits as a result of an alleged shoulder injury and total shoulder replacement. Defense counsel introduced medical evidence of a pre-existing condition and testimony from the employer undermining the claimant’s account, resulting in a complete dismissal.

Claimant sought TTD, PTD and medical benefits as a result of a complicated infection allegedly arising out of a work-related fall and scratch. Defense counsel introduced medical records and testimony from multiple lay witnesses refuting the claimant’s counsel, resulting in a complete dismissal.

Claimant sought TTD, PPD and medical benefits as a result of an alleged work-related shoulder injury. Defense counsel presented evidence undermining the claimant’s credibility, resulting in a complete dismissal of her claim.

Claimant sought permanent income and medical benefits, including coverage of surgery, for an alleged work-related knee injury. Working closely with employer, defense counsel presented testimony undermining claimant’s account, resulting in a complete dismissal of her claim.

Claimant was seeking income and medical benefits, including chiropractic treatment, as a result of back pain following an incident. Defense was able to secure complete dismissal with favorable causation opinion from treating physician, avoiding expense of an IME.

Defense of workers' compensation claim involving fusion surgery and permanent inability to work

Claimant sought additional income and medical benefits as a result of a work-related lumbar injury. Defense counsel presented medical proof that her injury was only temporary, resulting in a dismissal of the claim.

Medical fee dispute resolved in favor of the carrier.

Defense of group sponsor of Ohio state-funded employers from Bureau’s application of a higher premium ratio.

Defense Verdict

Successfully defeated a motion requesting a total loss of use of the claimant’s left arm, saving the Self-Insured Employer $191,025.

Claimant was seeking income and medical benefits for aggravation of a low back condition that resulted in a two-level lumbar fusion. Claim dismissed on the basis of defense evidence that contradicted Claimant’s testimony concerning a work-related injury and indicated Claimant had injured himself working on a project at home. 

Defense of workers’ compensation claim  

Claimant was seeking income and medical benefits for conditions in her neck, shoulders and low back that resulted in bilateral shoulder surgeries. Claim dismissed on the basis of medical evidence presented by defense indicating Claimant’s condition was not work-related.

Workers’ compensation right to participate appeal by Plaintiff

Claimant was seeking permanent income and medical benefits for an alleged cervical spine and upper extremity injury. Claim for permanency was dismissed, with claimant awarded only temporary total disability and medical benefits as previously voluntarily paid.

Greg Youtsey v. Amanda Bent Bolt Co.

Prosecution of VSSR claim.

Claimant was seeking permanent total disability benefits as a result of alleged low back injury. Claim dismissed on the basis of lay and medical evidence presented by defense indicating Claimant’s condition was not work-related.

Workers’ comp. defense on allowance of multiple conditions

Successfully defeated a widow’s application for death benefits alleging death due to asbestos exposure saving the Self-Insured employer approximately $200,000.

Trial of workers’ comp. appeal

State of Ohio ex. rel. Sherwood Lacroix v. Industrial Commission of Ohio and GMRI, Inc.      

Plaintiff appealed adverse court of appeals decision re permanent total disability requests writ of mandamus to require Industrial Commission to issue order in his favor.

Defense of state-fund employer from BWC decision to exclude employer from group rating based on merger and resultant experience combination.

Defense of state-fund employer against BWC audit seeking $600,000.00 in back premiums based on alleged misclassification of manual payroll. 

Prosecution of employer's right to participate appeal to additional allowance of lumbar spondylosis, aggravation of pre-existing lumbar degenerative arthritis and herniated cervical disc. 

Defense of injured worker’s right to participate appeal to denial of psychological conditions.

Prosecution of employer's right to participate appeal on additional allowance of depression.

Recovery of $1.4 Million from Ohio BWC based on breach of incentive contract between employer, Ohio BWC and Ohio Department of Development. 

Defense of employer in injured workers' right to participate appeal to denial of original allowance of claim. 

Prosecution of employer action in mandamus to reverse loss of use award. 

US Bank Home Mortg. v. Schrecker

Following oral argument by counsel, Kentucky Supreme Court reversed judge’s opinion awarding workers’ compensation benefits to claimant who was injured when a vehicle struck her while crossing a roadway during a work break. Defense successfully argued that even if the personal comfort doctrine would otherwise apply, the claimant’s impliedly prohibited route of travel took her outside normal coming and going activity.

Prosecution of Plaintiff workers’ compensation claim for allowance of bilateral total knee arthroplasty

Defense of additional award for  VSSR claim

Defense of workers’ compensation claim.         

Prosecution of specific safety violations claim against employer

Ohio Bureau of Workers’ Compensation v. Jeffrey McKinley, et al.

Plaintiff (Ohio BWC) appealed adverse trial court judgment in its assertion of subrogation lien of benefits paid by virtue of industrial accident

Workers’ Comp allowance of appeal defense for ACL tear of left knee

Trial Defense of workers’ compensation allowance claim

Defense of group removal protest for self-insured employer as well as Bureau’s Order of combination of self-insured’s risk policies

Workers’ comp administrative prosecution of claim of specific safety requirements violation (VSSR claim)

Defense of workers’ compensation VSSR violation claim

State ex rel. Allied Systems Holdings, Inc. v. Joseph Donders, Honeywell and Industrial Commission of Ohio

Plaintiff appealed adverse judgment in mandamus action in Industrial Commission

Defense of workers’ compensation claim

Hunt v. Mubea, Inc., 2012 

Claim for occupational hearing loss dismissed after defense successfully challenged opinion of university evaluator that claimant had 17% permanent impairment due to occupational hearing loss.

State ex rel. Sears Roebuck & Co. v. Industrial Commission

Appellant appeals Industrial Commissions grant of claimants request for payment of medical bills without evidence of relation to injury.

Ohio Bureau of Workers’ Compensation v. McKinley, et al.

Defendant appealed applicability of statutory subrogee statute of limitation period whether 2 years or 6 years.

Bailey v. Northpoint Senior Services, 2011 Ky.Unpub. LEXIS 55 

Supreme Court affirmed dismissal of workers’ compensation claim based on substantial evidence of prior active condition presented by defense counsel through expert medical opinion.

Defense of workers’ compensation claim issue of allowance

State of Ohio ex rel Jamey Baker v. Coast to Coast Manpower, Slip Opinion No. 2011-Ohio-2721

Plaintiff appealed 10th District Court of Appeals verdict in workers' compensation case. Workers’ comp claimant appealed denial of loss of vision benefits from claimed traumatic cataract injury sustained at work.

Plaintiff alleged 1996 injury aggravated pre-existing lumbar Degenerative Disc Disease

Trial defense of mandamus workers’ comp. claim involving  total loss of vision

Prosecution of Workers’ Comp.  mandamus action for reversal of allowance for claimant for award of full vision loss

Defense of workers' compensation claim for allowance of bilateral hip and back injury.

Trial defense of workers’ comp claim for post-traumatic stress disorder