Comments on: “Ohio Supreme Court sides with workers’ comp fraud” https://www.overlawyered.com/2016/08/ohio-supreme-court-sides-workers-comp-fraud/ Chronicling the high cost of our legal system Tue, 30 Aug 2016 19:32:54 +0000 hourly 1 By: VMS https://www.overlawyered.com/2016/08/ohio-supreme-court-sides-workers-comp-fraud/comment-page-1/#comment-340437 Tue, 30 Aug 2016 19:32:54 +0000 https://www.overlawyered.com/?p=60794#comment-340437 This reminds me of the “Brussels sprout” worker’s comp. case, affirmed by the Alaska Supreme Court, http://caselaw.findlaw.com/ak-supreme-court/1009331.html where it appears that a pipeline worker at the company cafeteria swallowed whole Brussels sprouts and needed emergency surgery due to a complete bowel obstruction.

The court ruled that it was a work related injury and that the employee was entitled to worker’s comp. coverage.

]]> By: WRT https://www.overlawyered.com/2016/08/ohio-supreme-court-sides-workers-comp-fraud/comment-page-1/#comment-340421 Tue, 30 Aug 2016 11:08:02 +0000 https://www.overlawyered.com/?p=60794#comment-340421 The holding is not quite as depressing as it appears.. Many states have similar cases staring that the claim surrounding the retaliation issue may ultimately prove unsuccessful, as often medical evidence determines good faith causation questions. The holding is that he has a prima facie case, and ultimately the employer can probably point to a handbook/policy based good faith, non retalitory basis for terming him. I realize that will cost the employer more money

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