NEWS & RESOURCES

Month: October 2018

Ohio BWC: I’ve got injured, quit my job, and move to another state do I still get compensation?

Klein v. Precision Excavating:

The short answer is no. In Klein the injured worker was certified temporarily and totally disabled by his doctor. Prior to his work injury he was thinking about quitting and moving to Florida. Unfortunately life likes to throw curve balls. And he got injured at work. A couple of weeks after his work injury, he in fact moved to Florida. The injured worker requested temporary total compensation. The Industrial Commission award temporary total only up the date right before he left to Florida.

Injured worker appealled to the 10th District Court of Appeals. The Court of Appeals said “hey if you had a work injury and were unable to work at the time you moved, then you get money.” Employer appealed to the Ohio Supreme Court. Ohio Supreme Court said, “nah, even though case law says that you should get money, we’re saying you shouldn’t so you don’t get money. Hey man, even though you were unable to work at the time you moved, and maybe you are still injured has no bearing to why you are no longer worker at Precision Excavating. You VOLUNTARILY ABANDONED the workforce. Your leaving the job had no connection to the work injury”

Here’s the thing, it is true. The injured worker was planning on leaving prior to his work injury. But he got injured. Case law that was previously followed basically said that if you were unable to do the essential functions of your job at the time of the event that separated you from your job then you cannot be found to have VOLUNTARILY ABDANDONED your job because you had already INVOLUNTARILY ABANDONED your job.

Anyways. Not the case now. So if  you quit or resign after a work injury, even though you are certified temporarily and totally disabled, you may be found to have voluntarily abandoned your job and not be entitled to compensation.

Happy Halloween!!

Halloween is one of my favorite holidays. Its fun to decorate the pumpkins and the yard. There are visits to pumpkin patches, Halloween costume pop-up stores, and haunted houses. I remember when I was living in the Bay Area there was a small town called Half-Moon Bay. Half-Moon Bay was a small fishing town south of San Francisco. There was also a lot of little farms in that area as well. Each October there would be the Half-Moon Bay Pumpkin Festival. It was fun to take my son at the time when he was a toddler.

Unlike California, Halloween in Ohio tends to mark the transition from mild Fall into colder weather(granted in the Bay Area it gets cooler, but 50-60 in December and January doesn’t compare to Ohio in December and January). Sometimes Halloween can be warm, sometimes it can be unpleasant and chilly. Irregardless the kids still have to get out there to get that candy!!! I believe this will be the last Halloween my son trick-or-treats. Its weird how fast times goes. I remember his first couple of Halloweens when he was a baby and had no concept of what trick-or-treating was.

Then when he became a toddler, at first he would be suspicious of these strangers handing out candy. Later he would enthusiastically run up driveways and ring the doorbell. Now he’s trick or treating with his friends. Leaving me at home to cry in my soup (or work on hearings). The great thing about Halloween, no matter how young or old, its still fun, and there are still things you can do to participate and enjoy Halloween.

Landlord Duty Of Care

Anyways, this is a lawfirm’s website so each post has to veer back around to some legal concept. So what legal issue or concept is implicated by Halloween? Well, here goes, if you rent your apartment or home, then you landlord owes you a duty of care to maintain the property so as to avoid injuries to both yourself and your guests, including little kids who are trick-or-treating.

Therefore if there is something that needs repaired at your home or apartment, like a loose handrail, or a rotting front porch, let your landlord know so he can fix it. If he does not and you or your guests sustain an injury, you may be entitled to compensation and/or payment of your medical bills.

As always if you or your family have suffered a serious injury, please call an attorney at Malek & Malek. We have been protecting families since 1972.

Serious Injury Due To Inadequate Security

Chicago: Two Homicides This Past Weekend

This weekend I drove up to Chicago, Illinois, and more specifically Evanston in order to attend an academic award ceremony for my son. If you are familiar with Evanston, Illinois at all its at the northern tip of Chicago. To get there you can drive up Lake Shore Drive onto Sheridan, pass Rogers Park, and then you hit Evanston.

I had lived in Rogers Park while I had been working at game company in downtown Chicago. So I decided to take a walk around my old neighborhood while I was in town. My old apartment was on this beach called Loyola Beach. I walked around the beach and around my old apartment on Friday and Saturday.

Lo and behold I get a message from my friend (who happens to now live in Rogers Park) that there were two murders in Rogers Park this past weekend. Yikes, one of the murders took place in front of my old apartment, in the same place I had walked on Friday and Saturday. Kinda eerie. Appears that the murders were completely random. Very unsettling.

https://chicago.suntimes.com/news/rogers-park-murders-police-video-shows-masked-suspect-killed-eliyahu-moscowitz-douglass-watts/

my Chicago apartment:

Serious Injury Due To Inadequate Security

Why do I bring this up beyond the fact that it was a crazy event that happened this weekend? Because if you or your family is involved in a serious injury at an apartment complex, grocery store, department store, and/or parking lots of those businesses, then you may have a cause of action against the apartment complex and or businesses. These places have a duty to protect their residents and/or visitors from serious bodily harm by providing adequate security. Adequate security can come in the form of proper lighting, security cameras, and onsite security personnel among other things.

In the occurrence you are attacked or your family member attacked or god forbid murdered at an apartment complex or business, then you would be entitled to sue those entities. In addition you would have a Victims of Crime Claim. Victims of Crime will pay for medical bills and lost wages.

Hopefully you never do experience serious bodily injury due to an attack or assault at an apartment complex, grocery store, department store, and/or parking lots of those businesses. If you do please contact Jim or Hillary at Malek & Malek to help you and your family get all the compensation you and your family are entitled to.

Chicago from Loyola Beach at Rogers Park (way off in the distance)

 

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