Cleveland Law Library Weblog

Mark D. Lay Settles Civil Suit With Ohio BWC for $5 Million

Crain's Cleveland Business and the Columbus Dispatch report that Mark D. Lay has agreed to pay the state $5 million to settle the civil suit the state filed in June 2005 to try and collect $216 million in losses to the Ohio Bureau of Workers Compensation fund. Lay was embroiled in a larger scandal at the Bureau for his part in losses from a Bermuda hedge fund. The docket in this case can be found by searching Docket No. 05 CV 006357 at the Franklin County Clerk of Court's website. Lay is currently seeking a new trial on his Akron federal district court convictions for investment advisory fraud, conspiracy to commit mail and wire fraud, and mail fraud. For information on his criminal case, search Docket No. 1:07-cr-00339-DDD-1 on PACER.

Fired Workers Comp. Claimant Can only Sue for Retaliation Under Statute

The Ohio Supreme Court just issued a decision in Bickers, which holds that a workers' comp. claimant who is terminated while receiving benefits has no common law right to sue in tort for wrongful discharge in violation of public policy. The recipient's sole recourse is to pursue an action for retaliation under O.R.C. sec. 4123.90. Click here to read the Ohio Supreme Court's summary of the case. The Ohio Bureau of Workers' Compensation is the administrative agency responsible for the rights of injured workers.

Court Dismisses Tom Noe's Wife

The Toledo Blade reports that Franklin County Common Pleas Court Judge David Cain has dismissed Tom Noe's wife Bernadette from a civil lawsuit (Case No. 05 CV 005753) that the State filed to try and recover funds from Noe and his wife over the rare coin debacle involving the Ohio Bureau of Workers' Compensation. The Court ruled that that state failed to show how Mrs. Noe was involved in any conspiracy to defraud the State, thereby refusing to impose a civil equivalent of "guilt by association" through her marriage. The Court's docket in this case is accessible on the Internet by searching the Franklin County Clerk of Court's website.

Governor Strickland Appoints New Ohio BWC Board

In recent news, Governor Strickland has appointed the members of his new Workers' Compensation Board of Directors. The Governor stated that "[t]he new board will ensure greater professional expertise and strengthened fiscal management of BWC funds.”  Notable members of the 11-member Board include Columbus WC expert and attorney Philip Fulton, Esq., author of multiple treatises on workers' compensation law in Ohio, and local investment expert Robert Smith of Beachwood, Ohio, who is the President of Spero-Smith Investment Advisors Inc. The Ohio Ethics Commission recently ruled that attorneys who represent injured workers or employers could serve on this new Board, with certain restrictions. Click here to read Ohio's ethics laws from the Ohio Ethics Commission, or click here to read the laws in the online Ohio Revised Code.

Ohio BWC Scandal Touches George Forbes

The Plain Dealer reports that George Forbes, a local lawyer and long-time President of the local NAACP chapter, was arraigned in court today on criminal charges that he failed to report various gifts (such as meals, travel and entertainment) that he received while serving on the Board of the Ohio BWC.  These charges were filed by a Columbus City Attorney and a Franklin County prosecutor based on charges referred by the Ohio Ethics Commission and Ohio Inspector General's Office. Today, Forbes plead guilty to 4 of the charges and no contest to 2 other charges of violating Ohio ethics laws. Although the Court fined Forbes $6,000 and court costs, his 30-day jail sentence was suspended. Click here to read a recent article about the indictments from the Columbus Dispatch.

Governor Stickland Signs Workers' Comp Reform Bill

The Plain Dealer has reported that yesterday, the Governor signed into law a new bill to overhaul the Bureau of Workers' Compensation. This bill also serves as the BWC's budget bill for fiscal years 2008 and 2009. The reforms provided in the bill include: 1) replacing the existing BWC oversight commission with both an independent board of directors composed of business and labor representatives and financial experts and an oversight council of legislators; and 2) creating a new deputy inspector general's post to investigate the BWC and the Industrial Commission. The bill also establishes the following 3 subcommittees to provide advice to the new Board about BWC operations and finances: an audit committee; an investment committee; and an actuarial committee. A good summary of the new law can be located at ohio.gov. Specific information about the new Board can be found at the BWC site.

Workers' Comp Claimants Want to Videotape Doctor Exams

The Ohio Injured Workers' Coalition is trying to allow injured workers to videotape physical examinations conducted by workers' compensation's or employer's doctors.  Videotaping will protect against incompetence, fraud and inaccuracy.  Injured Workers Want to Tape Benefits Exams by Julie Carr Smyth, The Plain Dealer, Mar. 27, 2007. 

Ohio Supreme Court May Reconsider Worker's Comp Ruling

The Ohio Supreme Court voted to hold a hearing to determine whether they should reopen a worker's comp case, State ex rel. Gross v. Industrial Commission, 112 Ohio St.3d 65, 2006-Ohio-6500.  In the Gross case, the Ohio Supreme Court held that a fast food worker abandoned his job by failing to follow safety warnings, and thus was not entitled to worker's compensation.  The Ohio Academy of Trial Lawyers and others oppose the ruling because worker's compensation is supposed to be a no-fault system.  Source:  Justices Might Reconsider 06 Workers Comp Ruling by James Nash, Columbus Dispatch, Mar. 23, 2007.  See our prior post: Worker Who Ignored Safety Warnings Denied Workers Comp, Dec. 28, 2006. 

Worker Who Ignored Safety Warnings Denied Workers Comp

The Ohio Supreme Court found that a worker voluntary abandoned his job and was not entitled to workers' compensation, when he was injured due to his failure to follow safety warnings.  The worker injured himself by opening a pressure cooker he was cleaning with boiling water.  His boss and coworkers repeatedly told him not to clean the pressure cooker with boiling water, and his coworkers told him not to open the pressure cooker on the date of the injury. 

Two judges dissented, finding that the worker's termination was casually related to the injury, and thus, was not voluntary.  The dissent noted that workers compensation is supposed to be a no-fault system. The Ohio Academy of Trial Lawyers will file a motion for reconsideration.  State ex rel. Gross v. Industrial Commission, 112 Ohio St.3d 65, 2006-Ohio-6500.  See  Denial of On-Job Injury Pay Upheld by Mark Rollenhagen, The Plain Dealer, Dec. 27, 2006. 

Nonattorneys' Representations of Employers before Bureau of Workers' Comp Not Unauthorized Practice of Law

Cleveland Bar Assn. v. CompManagement, Inc., 2006-Ohio-6108 held that certain functions performed by nonattorneys representing employers before the Ohio Industrial Commission and Bureau of Workers' Compensation did not constitute the unauthorized practice of law. The defendant, a third party administrator, "conveyed settlement offers to claimants and helped draft settlement documents, raised employer questions at claim hearings without directly examining claimants or other witnesses, orally summarized factual points assembled by a client employer during hearings, and advised employers on the potential economic costs and benefits of filing appeals or taking other legal action regarding pending claims." See Ohio Supreme Court Opinion Summaries.  The court found that these activities did not constitute the unauthorized practice of law.  The Cleveland Bar Association made other allegations as to the practices of CompManagement, Inc., but did not support these with sufficient evidence, the court said.