Two women working together at a desk with a pile of work papers
July 16, 2021

Female mentorship can help narrow the gender gap

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Over this past, difficult year, a good mentor in the workplace has been a necessity. In an article published by Smart Business, Perez Morris attorney, Celia M. Schnupp, discusses how she previously relied upon coworkers, members of local professional associations, and other local connections for most of her career. But during the pandemic barriers created by distance were removed. Celia offers ideas to consider when facilitating your own mentorship model and journey including virtual tools, finding the right mentor, instilling accountability in the workplace, and understanding how female mentorship can work to narrow the gender gap.

Retailers and mask policies, article by Celia Schnupp of Perez Morris, young woman shopping for clothes with a mask
July 1, 2021

What retailers need to know when adjusting their mask policies

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As state and federal governments lift mandatory safety measures following CDC guidance, businesses have started carefully reducing their protocols for both their employees and customers. National retailers like Trader Joe’s, Costco, Walmart, Target, and Starbucks are not requiring proof of vaccinations prior to entry, and are functioning on an honor system that requires unvaccinated individuals to wear a mask while in their stores. As businesses explore what their own policies will include, being prepared with current guidelines can enable them to move forward with what best suits the needs for their employees and customers. 

Celia M. Schnupp, who serves as our strategic legal partner for large corporations, small businesses and medical practices, discusses what retailers need to know when modifying their mask policies in her article published by TotalRetail.

Airplane with face masks related to COVID-19
March 18, 2021

What airlines should consider to avoid legal issues during COVID-19

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Amidst the COVID-19 pandemic, airlines overbooked and were challenged to persuade passengers to voluntarily concede their seats. Managing Attorney Mony B. P. Yin warned of criteria airlines should consider to avoid several pitfalls that potentially could lead to legal liability. Not only is it critical to ensure that bumping criteria are based on objective non-discriminatory factors, but those passengers who are selected must be compensated appropriately and consistent with federal regulations. Read Mony’s full article featured in Aviation Pros.

Medical professional with a COVID-19 vaccine
January 28, 2021

Can Employers Force Employees to Take the COVID-19 Vaccine?

With the recent FDA approval of several COVID-19 vaccines, questions have arisen about whether employers can require their workforce to take the COVID-19 vaccine and if so, whether it is a smart business decision to do so.

The short answer is yes, but with significant exceptions. Notably, the EEOC issued updated guidelines on December 16, 2020 confirming that employers can require employees to have the vaccine as a condition of continuing to work. However, exceptions to this include employees who have an underlying health condition or disability that precludes them from taking the vaccine, or those who have a sincerely held religious belief, practice or observance that would prevent them from taking the vaccine.

The specific laws that are triggered by an employer required vaccination policy include the Americans With Disabilities Act (ADA), the Genetic Information Nondiscrimination Act (GINA) and Title VII of the Civil Rights Act of 1964. These are the specific federal laws that protect employees and enable employees to argue that they should be precluded from participating in a mandatory vaccine requirement.

If an employee requests an accommodation under one of the federal laws, the employer has an obligation to determine if a reasonable accommodation is possible, without causing undue hardship to the employer. For example, it may be possible to allow the person to work from home or to work in a sequestered area of the business location. If it is not possible to make an accommodation and it is determined that unvaccinated individuals pose a potential threat to the safety of the workplace, an employer does have a right to exclude the person from physically entering the workplace. That does not mean that an employer should terminate the individual’s employment as they may be eligible for other forms of leave or protection under federal, state, or local laws.

In speaking with several Ohio employers about this issue, it seems that most employers are choosing to institute a voluntary vaccination program. Some employees have health insurance that covers vaccinations, and some do not. To encourage those without health insurance to get the vaccination, some employers have creatively thought of ways to incentivize the obtaining of a vaccination by providing a few hours of time off or gift cards to employees who voluntarily get the vaccination.

It will likely be several months before a vaccine is available to a majority of Ohioans. This delay gives employers time to think about whether they want to have a mandatory vaccine requirement or whether they simply want to encourage employees to get the vaccination voluntarily. It is important to remember that information regarding mandatory vaccinations and the EEOC’s position on this is fluid and will be changed and updated on an ongoing basis as medical information becomes available regarding the vaccinations, and it is therefore important to continue to check for updated information.

 

 

Beth Weeden, Perez & Morris attorney headshot

Beth has represented and advised employers for thirty years regarding all aspects of their workers’ compensation and risk management programs. Beth’s philosophy is that preparation and attention to detail are the hallmarks of a successful defense plan. Her practice includes representation of employers at all administrative hearing levels before the Industrial Commission of Ohio and the adjudicating bodies of the Ohio Bureau of Workers’ Compensation.

Beth received her JD from Capital University Law School in 1988. She resides in Bexley, Ohio with her husband and two children. Read more

Pile of masks with paperwork
November 30, 2020

How employers can defend themselves against a COVID-19 Claim

Smart Business logoBeth Weeden, Perez Morris headshot

During the COVID-19 pandemic, many employers were challenged to defend themselves against workers’ compensation claims filed by employers who alleged they contracted the virus in the course of their employment. Shutdowns and the widespread nature of the virus changed how employers needed to think about these claims. Lead Attorney Elizabeth Weeden shared information businesses should consider when defending against a claim. Read her full article featured in Smart Business.

 

Beth Weeden Byline in Smart Business

Worker with a broken arm and neckbrace
June 29, 2020

Major legislative changes in Ohio workers’ compensation

On June 16, 2020, HB 81 was signed into law by Governor DeWine. The new law takes effect on September 23, 2020 and substantively impacts several areas of the Ohio Workers’ Compensation system.

 

The most significant change is the language regarding the doctrine of voluntary abandonment. The General Assembly codifies the requirement that the loss of wages must be a direct result of the injury or occupational disease to be compensable and that compensation is not payable if the loss of wages is for reasons unrelated to the injury or disease. The new law states, “If an employee is not working or has suffered a wage loss as the direct result of reasons unrelated to the allowed injury or occupational disease, the employee is not eligible to receive compensation under this section.”

 

In Ohio we have 25 years of case law that has shaped the doctrine of voluntary abandonment. The new law specifically indicates that it is the intent of the General Assembly to supersede any previous judicial decision that applied the doctrine of voluntary abandonment to a claim. With this broad language, it is unclear how the new law affects prior decisions such as Gross II, Klein and Louisiana Pacific. Time will tell how both the Industrial Commission and the court system address this broad language.

 

The law also addresses other substantive areas which include:

  • A VSSR must be filed within one year from the date of injury, consistent with the 2018 legislative change limiting the time to file an industrial claim from two years to one year.
  • The five year statute of limitations for post 2006 claims is now five years after payment of last compensation or five years from the last date of medical treatment instead of five years from the last payment of medical services. This provision will only apply to any claims arising on or after July 1, 2020. C. 4123.52.
  • In state fund settlements, BWC will not need to seek approval from an employer if the claim is no longer within that employer’s experience and the injured worker is no longer employed by the employer. RC 4123.65 (G).
  • The maximum payable for funeral expenses is increased from $5,500-$7,500.

 

In addition, in response to the COVID-19 pandemic, there is pending legislation which, if passed, could significantly impact the Workers’ Compensation system. HB 606 would provide a rebuttable presumption that specifies emergency responders, corrections officers and certain food workers who contract COVID-19 in the course of and arising from employment. The bill, if passed, also would provide temporary qualified immunity to specific healthcare providers who provide healthcare services or emergency services through December 31, 2020. This legislation passed the House in late May and an initial Senate Judiciary committee hearing was conducted on June 24, 2020.

 

Perez and Morris continues to monitor the latest developments in the Ohio Worker’s Compensation system especially relating to COVID-19 issues. Please feel free to reach out with any questions pertaining to any of these legislative changes or to COVID-19.

 

 

Rick Hernandez, Perez & Morris attorney headshot

Rick is a proactive, strategic and dedicated workers’ compensation defense attorney with nearly three decades’ experience. He has represented self-insured and state-funded private employers, state agencies, and public and private universities in proceedings before the Industrial Commission of Ohio, and at all levels of court within the State of Ohio. Rick’s experience includes representation of national trucking companies, major hospital organizations, nursing home consortiums, national utilities, as well as a number of industry-leading retailers and restaurants.

Rick received his JD from Capital University Law School in 1986 and was a member of Phi Delta Phi, the international legal fraternity. Rick resides in New Albany, Ohio with his wife, Gigi, and their three children. Read more

Email Rick Hernandez

 

Beth Weeden, Perez & Morris attorney headshot

Beth has represented and advised employers for thirty years regarding all aspects of their workers’ compensation and risk management programs. Beth’s philosophy is that preparation and attention to detail are the hallmarks of a successful defense plan. Her practice includes representation of employers at all administrative hearing levels before the Industrial Commission of Ohio and the adjudicating bodies of the Ohio Bureau of Workers’ Compensation.

Beth received her JD from Capital University Law School in 1988. She resides in Bexley, Ohio with her husband and two children. Read more

Email Beth Weeden

 

Concept of COVID-19
April 1, 2020

Ohio Workers’ Comp Update: COVID-19 claims handling

As our country struggles with the COVID-19 crisis, both personally and professionally, it is important to understand the impact of this virus on the Ohio Workers’ Compensation system.

 

To date, there are eighteen COVID-19 claims filed with the Ohio BWC. Three of those claims have been denied by the BWC and the remaining 15 are under investigation at this time. The number of claims filed is expected to increase over the ensuing weeks and months.

 

The claims are being analyzed by the BWC as occupational disease claims. When a claim is filed on the FROI-1 claim application it will be important to look at the description of injury or exposure, and the employer should be prepared to defend the claim under the injury and occupational disease theories of causation. A COVID-19 claim could be filed as a result of a specific injury if, for example, a COVID-19 positive patient sneezes directly into the unprotected face of an individual, who is subsequently diagnosed with the virus. However, most claims are likely to be filed as exposure claims over a period of time, without specifying a single event.

 

Generally a communicable disease like COVID-19 is not a compensable claim because people are exposed in a variety of ways and there are few jobs that pose a hazard or risk of contracting the disease in greater degree than the public in general. Healthcare workers are obviously at a higher risk of contracting the disease, and arguably, any business that remains open at a time when most businesses are closed, would also pose a higher risk for its employees.

 

In Ohio, an occupational disease is compensable where:

  • The disease is contracted in the course of the employment;
  • The disease is peculiar to the claimant’s employment by its causes and that characteristics of its manifestation or the conditions of the employment result in a hazard which distinguishes the employment in character from employment in general;
  • The employment creates a risk of contracting the disease in greater degree and in different manner than the public in general.

 

 

To establish compensability of an occupational disease claim, the Ohio BWC looks for proof of:

  • Whether there was a work related exposure to a hazardous substance;
  • A harmful effect confirmed by medical diagnosis;
  • A causal relationship between the work related exposure and the harmful effect confirmed by a medical diagnosis by a physician; and
  • The conditions of employment created a greater risk to the injured worker than to the general public.

 

 

The following is a list of considerations for investigating a claim involving an alleged COVID-19 exposure:

  • A review of the claimant’s job duties to determine if there is evidence of clear work related exposure or just fear of exposure, and whether the conditions of the employment create a greater risk of contracting the virus than the public in general.
  • Did the individual filing a claim actually come in contact with a COVID-19 positive person in the course of and arising out of their employment?
  • Does the claimant have incidences of exposure in other aspects of their life or at home?
  • Is there a specific medical diagnosis of COVID-19 for both the individual filing the claim and the individual they were exposed to at work and is there evidence of causal relationship between the alleged work exposure and the diagnosis.
  • A review of the claimant’s pre-existing co-morbidities.

 

Each claim must be evaluated on a case by case basis. In addition, given the complexities of this defense, early involvement of legal counsel is recommended to assist in exploring both the factual and medical issues.

 

There is also a policy component to be considered in these cases, especially with respect to our healthcare clients who are on the front lines in this crisis and an employer may want to take that into consideration in determining if claims will be contested.

 

We are here and are keeping up to date on the latest developments in this area. Email addresses for our workers’ compensation team are below. Please feel free to reach out with any questions.

 

 

Rick Hernandez, Perez & Morris attorney headshot

Rick is a proactive, strategic and dedicated workers’ compensation defense attorney with nearly three decades’ experience. He has represented self-insured and state-funded private employers, state agencies, and public and private universities in proceedings before the Industrial Commission of Ohio, and at all levels of court within the State of Ohio. Rick’s experience includes representation of national trucking companies, major hospital organizations, nursing home consortiums, national utilities, as well as a number of industry-leading retailers and restaurants.

Rick received his JD from Capital University Law School in 1986 and was a member of Phi Delta Phi, the international legal fraternity. Rick resides in New Albany, Ohio with his wife, Gigi, and their three children. Read more

Email Rick Hernandez

 

Beth Weeden, Perez & Morris attorney headshot

Beth has represented and advised employers for thirty years regarding all aspects of their workers’ compensation and risk management programs. Beth’s philosophy is that preparation and attention to detail are the hallmarks of a successful defense plan. Her practice includes representation of employers at all administrative hearing levels before the Industrial Commission of Ohio and the adjudicating bodies of the Ohio Bureau of Workers’ Compensation.

Beth received her JD from Capital University Law School in 1988. She resides in Bexley, Ohio with her husband and two children. Read more

Email Beth Weeden

 

Steve Habash

Practicing law since 1978, Steve has become one of Ohio’s leading attorneys in the area of workers’ compensation defense and disability law. Steve has devoted his career to protecting employers. Steve frequently teaches and presents on current trends and best practices in workers’ compensation and disability and has taught on these subjects at Capital University School of Law. Read more

Email Steve Habash

 

 

Dennis Behm

Prior to entering private practice, Dennis served in the Ohio Attorney General’s Office’s Workers’ Compensation Section for 10 years. Dennis’ practice since then has included all areas of workers’ compensation defense and employment litigation and counseling. Read more

Email Dennis Behm

 

Female millennial manager directing her team
March 19, 2020

Time to earn your trophies, millennials

I am a millennial, born in 1985. I am a mom of three young kids and wife to a full time working spouse in a fast-paced career of his own. I am a commercial litigation and employment lawyer. I also manage our law firm with offices in three states and over forty employees, from Gen Z to Baby Boomers. I hope this sets the tone for the message I would like to send.

 

Wearing all of these hats at the same time and trying to navigate not only my clients’ issues in the workplace but, let’s be honest, my own tough issues that present at our firm as the Managing Attorney, I do a lot of thinking about generational differences and how they impact employees’ interactions with one another. Let me tell you, they have an impact. I would venture to guess there has been no other time in my generation’s short history as leaders that we, as millennials, have seen these differences so pronounced. COVID-19 is a challenge for everyone—big business, small business, no business—you are affected. Of course, we existed and were impacted by September 11th and we also have been impacted by the 2008 recession. But we did not lead through it. We were too young. Our parents, teachers, and advisors led us by the hand through those crises. While those experiences no doubt shaped our worldview, we did not feel firsthand the squeeze of losing a job when our family depended on it to pay bills, of having to lay people off, of fearing how we would protect our children and families through it all. Every generation has something that forces them to truly come of age and step into the arena. This is our time, for better or worse.

 

One of my favorite millennial stereotypes (which I love because, let’s be honest, it’s true) is that we all got trophies for just showing up and participating. Well, my friends, it’s time we earn our trophies. How we respond and perform in crisis as leaders will be the turning point for our businesses and will be a deciding factor in how our communities and families weather this storm. Here are my thoughts based on observations in my own business that fly counter to many of our instincts and how our generation is wired to operate. I believe if we do not consciously make these adjustments, we will struggle to succeed through the crisis and perhaps worse, will not recover as the leaders we hope to be.

 

You must be present for your team; you cannot bail or make excuses. I get that we grew up in a time when the internet existed and we have had social media, the ability to video chat from your phone, and instant messaging for most, if not all, of our adult lives. While this technology is great, it has led to millennials hiding behind these remote capabilities to suit their convenience. To be clear, I am not advocating for anyone to put themselves in danger or to disregard government directives and understand fully there are schools and daycares closing left and right, which is a real challenge. But you better get creative about how you’re going to show up for your people and do not ask anything of your team that you are not willing to roll your sleeves up and do yourself. In our office, we are sanitizing surfaces, door knobs, light switches, etc. every three hours. You better believe I am here and on that rotation as the owner of the business. I will not ask more of my people than I am willing to sacrifice myself.

 

We love a good social justice cause. Your people are your cause right now. When it comes to social justice and social enterprising, our generation shines. Giving back to the greater good is right in our wheelhouse and makes our big millennial hearts sing. I believe the best thing you can do right now is turn all that caring towards your team and your business. Of course, support local organizations feeding kids while they’re off school, check in on your neighbors, and keep your eyes open for opportunities for your business to shine a light in the world, but do not forget about your people or the basic premise that if your business does not succeed, you and your team will suffer greatly. Do not assume they are managing their anxiety well. Do not assume they are financially stable. Do not assume they are not concerned for aging parents. This. Is. Your. Cause. How you respond will set the trajectory for their trust in you as their leader from this point forward.

 

Make the tough decisions. You are going to have to make very difficult choices in this season. You may have to let people go. You may have to decide the business cannot pay employees. You may have to take on loans, make tough decisions about which bills to pay, and hold people accountable when they are not in the office. Make the decisions. Look to generations who came before for you for wisdom and guidance and respect; they have been through very challenging times but you must make the call. Those on your team, above you and below you, are looking to you to make these decisions and if you cannot or do not you will not be respected as a leader going forward. And, can we have some “real talk” here? Why should they? Step up. While people will come alongside you in this time, do not back down and have others make the tough calls.

 

Bring your kids along for the ride. Many of us have young children at home. Let them see, within reason, that this is tough season. Teach them about hard work. Explain why you are up late and seem stressed or tired. It should be because you are working on overload to try to take care of the people whose livelihood depends on it. Explain the value of money and how businesses work and why they are important to families who need to earn a living. I remember as a kid my amazing mom getting dressed in a suit and heading off to work every day and I thought she was so cool and what she did was really, really important. I think if she had the opportunity to bring me into how she managed difficult times for her team, I would not have forgotten that lesson. Our kids are watching. How we respond in crisis will be how they think they should respond. Let it be a message of resilience, work ethic, creativity, and leadership.

 

There are no participation trophies coming your way this time. Let’s turn the stereotype on its head. Earn it or you won’t receive it.

 

Sarah Perez headshot

Sarah joined the firm in 2010 and handles a variety of commercial litigation, employment and transactional matters. She has experience litigating in state and federal courts, and before administrative agencies and regulatory bodies such as the Equal Employment Opportunity Commission, Ohio Civil Rights Commission and the Trademark Trial and Appeals Board. She is a champion of diversity and inclusion in the legal profession and is an active committee member with both Women for Economic and Leadership Development (“WELD”) and the National Association of Minority and Women Owned Law Firms (“NAMWOLF”).