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"The fight is never about grapes or lettuce. It is always about people." Cesar Chavez |
:: Thursday, October 04, 2007 ::
Bobbing for Drumsticks? Ohio Supremes Reverse Themselves - Posted by Jon Coppelman, Workers Comp Insider
Back in January we blogged an unusual case from Ohio. David Gross was a 16 year old working at a Kentucky Fried Chicken. Despite safety training and warnings to the contrary, he insisted on cleaning the fryer his own way, filling it with water boiled under pressure. When he opened the fryer, he burned himself and two co-workers who came over to help. Because he wilfully disregarded safety directions, his claim for temporary total disability was denied. When the Ohio Supreme Court reviewed the case, they upheld the denial, equating Gross's wilful disregard with job abandonment.
After giving themselves the summer to think it over, the court has reversed itself and found in Gross's favor. Lawyers pointed out at the time of the initial ruling that the court seemed to be taking the "no fault" out of comp: by holding Gross accountable for his actions, they appeared to open the door to routine denials, based upon failure to follow safety instructions.------------------------------------------- posted 7:13 AM :: reference link ::
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