Practical Guidance
Time-saving Solutions
Knowledgeable Insights

Ohio Workers' Compensation Law, Fourth Edition

Select a format

Print Book
ISBN: 9781593458324
In Stock
Price
$387.00
QTY
eBook :mobi
ISBN: 9781579111687
In Stock
Price
$387.00
QTY
eBook :epub
ISBN: 9781579111687
In Stock
Price
$387.00
QTY
International Order Inquiry

Product details

View a sample of this title using the ReadNow feature

Ohio Workers' Compensation Law is the only publication that offers the practitioner up-to-date analysis of the current state of the law. Ohio Workers' Compensation Law encompasses the full scope of modern workers' compensation law, from its historic origins to its operation in today's hearing rooms and courthouses.

Specifically tailored for both practitioners seeking compensation for their injured clients and practitioners representing employers, the Fourth Edition of Ohio Workers' Compensation Law is the only complete Ohio workers' compensation resource. It contains in-depth coverage of:


• Definitions of types of injury, disability and compensation
• Types of administrative proceedings
• Range of appeals to the court
• Fraud, subrogation, intentional tort and psychological injury
• Non-complying employers
• Claims for occupational diseases
• Chiropractic treatment
• Standards for self-insuring employers
• Permanent disability
• Wage loss
• Managed care

Authors / Contributors

Table of Contents

CHAPTER 1 THE NATURE OF WORKERS’ COMPENSATION

§   1.1 Generally

§   1.2 The Compensation Bargain

§   1.3 Compensation Contrasted With Tort

§   1.4 The Strict Tort Liability Analogy

§   1.5 Fund Held in Trust

§   1.6 Judicial Construction of Compensation Statutes

§   1.7 Liberal Construction

§   1.8 Operation of Compensation Statutes



CHAPTER 2 THE HISTORY OF WORKERS’ COMPENSATION

§   2.1 Common Law

§   2.2 Employers’ Obligations

§   2.3 Contributory Negligence

§   2.4 The Fellow Servant Rule

§   2.5 Doctrine of the Assumption of Risk

§   2.6 Legislation Antedating Workers’ Compensation

§   2.7 Insurance Legislation in Germany

§   2.8 Origins of Workers’ Compensation in the United States

§   2.9 Origins of Workers’ Compensation Legislation in Ohio

§   2.10 The Voluntary Compensation Law

§   2.11 The 1913 Compulsory Compensation Law

§   2.12 National Commission on State Workmen’s Compensation Law

§   2.13 Amended Substitute Senate Bill 545

§   2.14 Amended Substitute Senate Bill 307

§   2.15 Amended Substitute House Bill 222

§   2.16 Amended Substitute House Bill 107

§   2.17 House Bill 7

§   2.18 Amended Substitute Senate Bill 45

§   2.19 Amended Substitute S.B. 7

§   2.20 Amended Substitute House Bill 100



CHAPTER 3 THE ADMINISTRATIVE AGENCIES

§   3.1 History of the Industrial Commission and the Bureau of Workers' Compensation

§   3.2 The Industrial Commission

§   3.3 The Industrial Commission Nominating Council

§   3.4 Hearing Administrators and Hearing Officer Trainer

§   3.5 District and Staff Hearing Officers

§   3.6 Industrial Commission Medical Disability Evaluations

§   3.7 Organization and Functions of the Bureau

§   3.8 Workers’ Compensation Board of Directors

§   3.9 Workers’ Compensation Board of Directors Nominating Committee

§   3.10 The Administrator

§   3.11 Ombudsperson

§   3.12 Internal Security

§   3.13 Rules of the Administrative Agencies




CHAPTER 4 ADMINISTRATIVE PROCEEDINGS

§   4.1 Nature of Proceedings

§   4.2 Filing the Application

§   4.3 Processing of Claim

§   4.4 Processing of Claim Following Allowance

§   4.5 Hearings

§   4.6 Orders

§   4.7 Administrative Appeals

§   4.8 Evidence

§   4.9 Discovery




CHAPTER 5 LIMITATIONS, JURISDICTION, AND NOTICES

§   5.1 Limitations

§   5.2 Claims for Injury or Death

§   5.3 Claims for Occupational Diseases

§   5.4 Tolling of the Statute

§   5.5 Continuing Jurisdiction

§   5.6 Invoking the Continuing Jurisdiction of the Commission

§   5.7 Modification of Orders

§   5.8 Residual Disabilities

§   5.9 Jurisdiction to Award Compensation

§   5.10 Recovery of Erroneous Payment

§   5.11 Notice

§   5.12 Procedural Due Process




CHAPTER 6 EMPLOYMENT STATUS

§   6.1 Employment Relationship

§   6.2 Employer

§   6.3 Employer Amenability

§   6.4 Casual Distinguished From Regular Employment

§   6.5 Contract of Hire and Independent Contractor

§   6.6 Employee

§   6.7 Aliens, Non-residents, and Minors

§   6.8 Municipal Policemen and Firemen

§   6.9 Volunteer Employees in Public Service

§   6.10 Persons Rendering Services in an Emergency

§   6.11 Emergency Management Workers

§   6.12 Ohio National Guard

§   6.13 Apprentices

§   6.14 Construction Contracts and Contractors

§   6.15 Employer as Employee

§   6.16 Coverage of Elected Officials

§   6.17 Temporary Workers

§   6.18 Extraterritorial Coverage

§   6.19 Voluntary Participation

§   6.20 Waiver of Employee’s Rights Prohibited

§   6.21 Complying Employer’s Immunity From Suit

§   6.22 Waiver of Immunity

§   6.23 Dual Capacity Doctrine

§   6.24 Immunity of Fellow Employee

§   6.25 Intentional Tort



CHAPTER 7 INJURY

§   7.1 Compensable Injury

§   7.2 Accidental

§   7.3 Personal Injury

§   7.4 Aggravation of Pre-Existing Disability

§   7.5 Work Connection

§   7.6 Course of Employment

§   7.7 Going To and From Work

§   7.8 Zone of Employment and Special Hazards

§   7.9 Scope of Employment

§   7.10 Personal Comfort Doctrine

§   7.11 Recreational and Social Activities

§   7.12 Employee Deviation and Misconduct

§   7.13 Arising Out of the Employment

§   7.14 Neutral Risks

§   7.15 Personal Risks Concurring With Employment

§   7.16 The Self-inflicted Injury Exception



CHAPTER 8 OCCUPATIONAL DISEASE

§   8.1 Background of the Occupational Disease Statute

§   8.2 Definition of Occupational Disease

§   8.3 Restrictive Statutes

§   8.4 Limitations of the Restrictive Statutes

§   8.5 Injurious Exposure

§   8.6 Erosion of the Restrictive Statutes

§   8.7 Change of Occupation Benefits

§   8.8 Occupational Disease Procedures

§   8.9 Pre-Existing Weakness, Multiple Causation, and Aggravation of Pre-Existing Disease



CHAPTER 9 DISABILITY COMPENSATION

§   9.1 Compensation and Benefits; Disability and Impairment

§   9.2 Calculation of Compensation Payments

§   9.3 Statewide Average Weekly Wage

§   9.4 Temporary Total Disability

§   9.5 Definition of Temporary Total Disability

§   9.6 Abandonment of Former Position of Employment

§   9.7 Termination of Temporary Total Disability Benefits

§   9.8 Eaton Policy and the “Gap”

§   9.9 Wage Loss Compensation

§   9.10 Partial Disability Compensation

§   9.11 Permanent Partial Disability (R.C. § 4123.57(A))

§   9.12 Scheduled Losses (R.C. § 4123.57(B))

§   9.13 Temporary Partial Disability

§   9.14 Permanent Total Disability

§   9.15 Multiplicity of Compensation

§   9.16 Compensation Exempt From Attachment and Execution



CHAPTER 10 BENEFITS AND OTHER REMEDIES

§   10.1 Medical Benefits

§   10.2 Rehabilitation

§   10.3 Travel and Funeral Expenses

§   10.4 Settlements

§   10.5 Lump Sum Advancement

§   10.6 Disabled Workers’ Relief Fund

§   10.7 Public Works Relief Compensation Program

§   10.8 Marine Industry Fund

§   10.9 Coal-Workers’ Pneumoconiosis Fund

§   10.10 Fraud



CHAPTER 11 DEATH BENEFITS

§   11.1 Death of the Claimant

§   11.2 Effect of the Claimant’s Death Upon Awards

§   11.3 Death Benefits

§   11.4 Eligibility for Death Benefits

§   11.5 Dependency

§   11.6 Structure of the Benefits

§   11.7 Apportionment and Reapportionment of Death Benefits



CHAPTER 12 JUDICIAL REMEDIES

§   12.1 Appeals to Courts of Common Pleas

§   12.2 History of the Judicial Appeal

§   12.3 Who May Appeal?

§   12.4 Venue of the Appeal

§   12.5 Notice of Appeal

§   12.6 Pleadings, Procedure, and Parties

§   12.7 Attorney Fees and Costs

§   12.8 Appealable Orders

§   12.9 Mandamus

§   12.10 Prohibition Against Employer Retaliation



CHAPTER 13 SAFETY AND ADDITIONAL AWARDS

§   13.1 The Lawful Requirement Exception

§   13.2 Division of Safety and Hygiene

§   13.3 Additional Awards

§   13.4 Elements of a VSSR Award

§   13.5 Procedure

§   13.6 Amount of an Additional Award

§   13.7 Multiple Violations Within a Twenty-Four Month Period

§   13.8 Occupational Safety Loan Program

§   13.9 Occupational Safety and Health Act



CHAPTER 14 THE STATE INSURANCE FUND, SELF-INSURANCE AND RISK COVERAGE

§   14.1 State Insurance Fund

§   14.2 Surplus Fund

§   14.3 Actuarial Audits, Investments, and Administrative Costs

§   14.4 Rate-Making Process,

§   14.5 Experience Period

§   14.6 Basic Premium Rate

§   14.7 Experience Rating

§   14.8 Retrospective Rating

§   14.9 Group Rating

§   14.10 Adjudicating Committee

§   14.11 Self-Insurance

§   14.12 Eligibility for Self-Insurance

§   14.13 Standards Governing Self-Insuring Employers

§   14.14 Self-Insured Assessments

§   14.15 Self-Insured Employers Review Panel

§   14.16 The Fifteen Thousand Dollar Medical-Only Program

§   14.17 Handicap Law

§   14.18 Risk Coverage

§   14.19 Payroll

§   14.20 Transfer of Risk Coverage and Experience

§   14.21 Actions Against Third Parties to Recover Increased Premium

§   14.22 Premium Payment Security Fund

§   14.23 Non-complying Employer

§   14.24 Actions by the State of Ohio to Enforce Awards

§   14.25 Subrogation


CHAPTER 15 REPRESENTATION

§   15.1 Representation and the Practice of Law

§   15.2 Right to Representation

§   15.3 Commission Standards for Representation

§   15.4 Commission Authority Relative to Representative’s Fees

§   15.5 Authorization of Representative and Inspection of Claim Files