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Administrative Practices The firm represents clients in administrative workers’ compensation litigation. A major share of its efforts in this area involves defense of disputed claims before the Industrial Commission of Ohio at all levels. Since a workers’ compensation claim often begins before an application is initially filed, the firm counsels clients on investigation of claims, responding to workplace hazards, as well as the administration of contested and non-contested claims to reduce workers’ compensation costs. In addition, Dinsmore & Shohl LLP represents Kentucky businesses before the Kentucky Workers’ Compensation Board. The firm advises state funded and self-insured clients with matters pertaining to premium rates, non-compliance, establishing and/or transferring risk experience and renders assistance in maintaining self-insured privileges under workers’ compensation laws. The firm also advises and counsels clients with respect to safety standards and violations, inspections by the Bureau pertaining to the maintenance of safety standards and compliance with Bureau rules and regulations. Civil Litigation Practice Dinsmore & Shohl LLP has defended employers throughout the state at the trial court, at the appellate level, and before the Ohio Supreme Court. The firm also represents employers before the Franklin County Court of Appeals on mandamus complaints to compel Industrial Commission action on significant matters. The firm has been instrumental in working with the Industrial Commission and Bureau of Workers’ Compensation Administrators, as well as legislators, in proposed legislation and agency guidelines. The firm’s workers’ compensation attorneys are active in statewide and local bar associations, trade groups and other organizations. Members of the Dinsmore & Shohl LLP Workers’ Compensation Practice Group frequently appear at national, statewide, and regional seminars and are published on all aspects of workers’ compensation law. Representative Experience Tech, II, Inc.
State, ex rel. Eckerly v. Ind. Comm., 2005-Ohio-2587
Denial of claim for temporary total compensation; failure to comply with company policy Genuine Parts Company
State, ex rel. Genuine Parts Co. v. Ind. Comm., 2005-Ohio-1447
Challenge of award of temporary total compensation on the basis that claimant's physician was not treating her for conditions related to her claim Crossett Co.
State, ex rel. Crossett Co. v. Conrad, 2000-Ohio-464
Mandamus challenge to the manner in which the Bureau of Workers' Compensation collects premiums from state fund employers Commonwealth Hotels
State, ex rel. Delany v. Ind. Comm., 2006-Ohio-427
Workers' Compensation claim for payment of temporary total compensation; voluntary abandonment for refusal of light duty job The Ohio State University
State, ex rel. OSU v. Wooten, 2001-Ohio-1596
Challenge of award of permanent total disability on the basis that the Industrial Commission relied on evidence submitted in violation of applicable rules Large Manufacturing Company
Anonymous Plaintiff v. Large Manufacturing Company
Workers' Compensation appeal Dedicated Transport
State, ex rel. McCoy v. Dedicated Transport, 2002-Ohio-5305
Defense of claim for temporary total compensation for employee who was terminated for failure to comply with company rules The Ohio State University
State, ex rel. OSU v. Allen, 2004-Ohio 3839
Challenge of permanent disability award granted by the Industrial Commission based on evidence that was flawed and not submitted in a timely fashion Calmar, Inc.
State, ex rel. Blanton v. Ind. Comm., 2003-Ohio-3271
Challenge of denial of claim for payment of medical bills unrelated to industrial injury Bridgeport Equipment & Tool
Ohio and West Virginia Workers Compensation Claims
Representation in Ohio and West Virginia Workers Compensation claims Riverview Cleaning
Ohio and West Virginia Workers Compensation Claims
Representation in Ohio and West Virginia Workers Compensation claims Central Ohio Transit Authority
Curtis v. Cent. Ohio Transit Auth.
Suit alleging race discrimination Multiple Clients
Jury Verdicts
Selected jury verdicts: - Goode v. Deaconess Hospital (A0708530)
Hamilton County Common Pleas
Defense verdict--Employee's lumbar and cervical disc conditions not caused by work-related injury. - Wendt v. City of Hamilton (CV 2006-06-1966)
Butler County Common Pleas
Defense verdict--Firefighter’s heart attack not caused by cumulative effects of smoke, heat and gas. - Coleman v. City of Hamilton (CV 2004 10 2942)
Butler County Common Pleas
Defense verdict--Employee’s leg injuries not sustained in scope and course of employment. - Stone v. Ball Corp. (03 CVD-10-11034)
Franklin County Common Pleas
Defense verdict--Employee’s psychological condition not caused by work-related injuries. - Adkins v. Ball Corporation (A0101858)
Hamilton County Common Pleas
Defense verdict--Employee’s additional conditions not caused by work-related injuries. - Connelly v. Deaconess Hospital (A0005271)
Hamilton County Common Pleas
Defense verdict--Employee’s additional conditions not caused by work-related injuries. - Crawford v. General Motors Corp. (A-9110056)
Hamilton County Common Pleas
Defense verdict--Product liability--alleged defective seatbelt. - General Accident Ins. Co. v. Black & Decker (US) Inc.
Hamilton County Common Pleas
Judgment in favor of Defendant in product liability claim (bench trial). - Miller v. Procter & Gamble Mfg. Co.
Directed verdict in favor of premises owner versus employee of independent contractor.
Multiple Clients
Published Decisions - State of Ohio
Selected published decisions - State of Ohio: - Lowe v. Cincinnati Inc., Tenth Appellate District, 07-AP-850 (September 25, 2008).
Upheld termination of permanent total disability benefits. - Sexton v. City of Mason , 117 Ohio St. 3d 275 (2008).
Summary judgment upheld--city not liable for flooding on homeowners’ property and claim of permanent trespass. - Williams v. City of Hamilton, Twelfth Appellate District, CV 2005-09-3061 (July 21, 2008).
Summary judgment upheld--city not liable for intentional tort involving employee with 2nd and 3rd degree burns over large percentage of his body. - Crosset v. Marquette, First Appellate District, 2007 Ohio 550 (February 9, 2007). Discretionary appeal denied, Crosset v. Marquette, 114 Ohio St. 3d 1428, (2007).
Summary Judgment upheld--officer did not engage in malicious prosecution. - State ex rel. Hiatt v. Indus. Comm’n., 99 Ohio St. 3d 32; (2003).
Supreme Court affirmed industrial commission award of minimum benefit. - State Farm Cas. v. Black & Decker, Inc., Eighth Appellate District, 2002 Ohio 5821, (October 24, 2002), Discretionary Appeal denied, State Farm Cas. Co. v. Black & Decker (U.S.), 98 Ohio St. 3d 1480 (2003).
Reversing verdict for plaintiff in a products liability action and ruling in favor of defendant manufacturer--testimony of plaintiff’s expert was contradicted by physical facts. - Stanley v. City of Miamisburg, Second Appellate District, 2000 Ohio App. Lexis 205, (January 28, 2000).
Summary judgment upheld--Judicial estoppel precluded plaintiff from claiming City constructively discharged him by “forcing” him to retire in retaliation for whistleblowing. - Golden v. Kearse, Twelfth Appellate District, 1999 Ohio App. Lexis 2573,
(June 7, 1999).
Summary judgment upheld--truck driver was independent contractor at time of accident and not entitled to workers’ compensation. - Cincinnati Bell Tel. Co. v. Village of Fairfax, 81 Ohio St. 3d 599 (1998).
Supreme Court upheld Village’s right to impose net profits tax on telephone company. - General Accident Ins. Co. v. Black & Decker (U.S.), First Appellate District, 1996 Ohio App. Lexis 4907, (November 13, 1996).
Defense verdict in product liability claim upheld--trial court properly admitted testimony of a manufacturer’s expert witness. - Gallaher v. Manpower Int’l, First Appellate District, 106 Ohio App. 3d 881, (October 25, 1995).
Summary judgment upheld--heart attack not caused by employment. - Helton v. Consol. Rail Corp., Twelfth Appellate District, 1992 Ohio App. Lexis 3881, (July 27, 1992).
Summary judgment upheld--railroad had no duty to provide crossing warnings beyond those required by statute and the injured motorist was required to exercise ordinary care for his own safety. - Sites v. Proctor & Gamble Mfg. Co., Third Appellate District, 1991 Ohio App. Lexis 6471, (December 24, 1991).
Summary judgment upheld--owner of premises had no duty to warn or protect individual independent contractors from dangers associated with work they were hired to perform. - Dickstrom v. Southern Ohio Fabricators, Inc., Twelfth Appellate District, 1990 Ohio App. Lexis 502, (February 12, 1990).
Summary judgment upheld--employee’s death not caused by intentional tort. - Miller v. Procter & Gamble Mfg. Co., Third Appellate District, 1989 Ohio App. Lexis 4793, (December 20, 1989).
Directed verdict upheld--manufacturer not responsible for injuries to an employee of an independent contractor where the employee was responsible for the condition of her work area and knew of the dangers of the job. - Cox v. Consolidated Rail Corp., Twelfth Appellate District, 1989 Ohio App. Lexis 3313, (August 28, 1989).
Summary judgment upheld--Rail company’s failure to use warnings at grade crossing was not a nuisance. - Grimsley v. General Motors Corp., Twelfth Appellate District, 1988 Ohio App. Lexis 516, February 15, 1988.
Summary judgment upheld--employer did not act with the belief that an injury was substantially certain to occur. - Joseph v. Consolidated Rail Corp., Twelfth Appellate District, 1987 Ohio App. Lexis 9435, (October 30, 1987).
Summary judgment upheld--surveillance by private contractor did not impose liability on the employer. - Baker v. Consolidated Rail Corp., Second Appellate District, 1986 Ohio App. Lexis 7559, (July 8, 1986).
Summary judgment upheld--railroad not liable for failing to provide warning devices in addition to the usual signs at a crossing where the decedent was killed by a train because the crossing was not especially dangerous.
Pittsburgh Forest Products
Safety Policies
Develop and implement safety policies Norris Environmental
Ohio and West Virginia Workers Compensation Claims Representation in Ohio and West Virginia Workers Compensation claims Erb Electric Company
Ohio and West Virginia Workers Compensation Claims
Representation in Ohio and West Virginia Workers Compensation claims
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