right to Refund
Right to Refund or to Credit BWC Risk Account
Arth Brass & Aluminum Castings, Inc.- In the Supreme Court of Ohio, LMM established the employer’s right not to have its BWC risk account charged for medical payments made in a disputed claim until after the final resolution of the claim, and to have the increase in premium attributable to such medical expenses refunded.
State ex rel. Sysco Food Services of Cleveland v. Industrial Commission- Also in the state Supreme Court, LMM established that self-insured employers were entitled to a refund from the BWC surplus fund of benefits and compensation paid in a disputed claim that was disallowed after appeal.
"Going & Coming" Rule
LLM has been successful in reaffirming and expanding the “coming and going” rule, particularly as it applies to home health care aids and visiting nurses:
Mitchell vs. Cambridge Home Health Care – Reaffirmed the going and coming rule in a case where a home health care employee was injured in an apartment complex after completing her duties and leaving her patient’s apartment.
Gilham v. Cambridge Home Health Care – LMM established that a home health aid was not in the zone of employment when injured on a public road while traveling between patients’ homes.
REPRESENTATIVE CASES
The attorneys at LoPresti Marcovy & Marotta, LLP have appeared before the Industrial Commission of Ohio and Ohio trial courts regularly in workers’ compensation matters. Frequently, cases cited by other firms are precedents that were argued by LoPresti Marcovy & Marotta, LLP.
The attorneys of this firm have accounted for numerous Appellate and Supreme Court decisions in workers’ compensation, personal injury, insurance, and business defense.
Some of the recent representative workers compensation cases include:
State ex rel. Precision Steel
Obtained Writ of Mandamus from the Supreme Court of Ohio reversing the 10th District’s decision, which ordered the Industrial Commission to vacate its VSSR order and enter an order determining that the employer had not violated any specific safety requirement. The decision resulted in a six-figure premium return and a future expense savings of well-over six figures for our client.
(145 Ohio St.3d 76, 2015-Ohio-4798)
Visiting Nurse Assoc. of Mid-Ohio v. Friebel, SCO
Obtained reversal of 5th District’s abuse of discretion creating the “dual intent” doctrine and in granting of summary judgment for a non-moving party. This recent decision narrowed the scope of compensability under Ohio’s “coming and going rule” for all employers in Ohio who have employees that travel.
(No. 2013-0892, 2014-Ohio-4531)
Browning v. Automation Tool & Die
Administrative Claim Proceedings
Obtained a finding of fraud in a worker’s comp claim wherein a thorough investigation of the claimant and his doctors clearly evidenced that the claimant was working in violation of his disability compensation and conditions added to his claim via the signature of a doctor who had not seen or provided any medical treatment to the claimant. The finding resulted in a six-figure premium return and a significant future savings for our client.
Dillard v. Automation Tool & Die
Obtained dismissal of plaintiff’s appeal of interlocutory order denying statutorily prohibited Civ.R. 41(A)(2) request for dismissal in employer-initiated R.C. 4123.512 proceeding.
(2013-Ohio-5645, 9th Dist. (Medina) No. 12CA0091-M)
Dillard v. Automation Tool & Die
Successfully opposed plaintiff’s appeal of a constitutional challenge to the S.B. 7 amendments to R.C. 4123.512 which prohibited plaintiff from filing a Civ.R. 41(A)(1)(a) dismissal in an employer’s appeal.
(2016-Ohio-529, 9th Dist. (Medina) No. 15CA0055-M)
Thornton v. Conrad
Obtained reversal of trial court’s granting claimant new trial as the successor judge did not have the trial transcript, and therefore no evidence, before him when granting the motion. Verdict for the employer affirmed.
(194 Ohio App. 3d 34, 2011-Ohio-3590, 8th Dist. 95982)
Gilham v. Cambridge Home Health Care, Inc. &
Mitchell v. Cambridge Home Health Care, Inc.
Successfully defended decisions granting summary judgment in favor of the employers in both cases.
These polestar cases were successful in narrowing the scope of compensability under Ohio’s “coming and going rule” for all employers in Ohio.
(5th Dist. 2008CA00211, 2009-Ohio-2842)
(9th Dist. 24163, 2008-Ohio-4558)
REPRESENTATIVE CLIENTS
ABM Janitorial
Action Contractors, Inc.
AdvoCare, Inc.
Arth Brass & Aluminum Castings, Inc.
Atlantic Plant Maintenance
Automation Tool & Die, Inc.
BASF Catalysts, LLC
Benefits One Group
BioMedical Applications of Ohio
Commercial Lease Services, Inc.
Crown Services, Inc.
Cuyahoga Metropolitan Housing Authority
D.C. Transportation Services, Inc.
Farasey Steel Fabricators
Flight Services & Systems, Inc.
Fresenius Medical Care
Harbor Light Hospice
Hospice of Medina
Housing Authority Insurance (HAI)
J & C Ambulance
J.D. Indoor Comfort, Inc.
Minneapolis Flour Co.
National Diagnostic Imaging
NCS Datacom, Inc.
North American On-Site, LLC
Ohio Hospital for Psychiatry
OhioHealth Mansfield and Shelby f.k.a. MedCentral Health Systems
Precision Steel Services, Inc.
Quala
Quest Diagnostics, Inc.
Rochling-Glastic Company
Sherbrooke Metal Corp.
Suburban Maintenance & Construction Company
The Lube Stop
Troon Golf
Varsity Contractors
Visiting Nurse Association
