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Toledo Personal Injury Law Blog

Ohio Senate Approves Bill to Cover Post Traumatic Stress Disorder for First Responders

The Ohio workers' compensation act has, for many years, defined the term "injury" to mean "any injury received in the course of and arising out of employment." Despite this broad definition, and the statutory requirement that workers' compensation laws be construed by courts in the manner most favorable to injured workers and their families, Ohio lawmakers and courts have had a long history of resistance to recognizing work-related psychological or psychiatric injury as compensable under the workers' compensation act. Court decisions long ago took the position that "injury" under the workers' compensation act includes on physical injury, even though the statute at the time contained no provision which specifically required such a limitation. Beginning in the mid-1980's, the General Assembly amended the definition of "injury" in the workers' compensation act to specifically exclude psychiatric or psychological conditions, except in cases where such conditions were caused by a work-related physical injury.

Working While Collecting TT/PTD on Workers' Comp

Often times after an individual is hurt on the job they end up off work for a period of time while their injuries heal. When this happens, the injured worker can be entitled to collect temporary total disability compensation to compensate them for the loss of earnings while recovering from the work related injuries sustained. Occasionally, injuries sustained end up being so severe that an injured worker is awarded permanently and totally disabled compensation for their impairment of earning capacity.

Is It Time To Update Your Estate Plan?

It is always a difficult conversation. A close family member has died. Members of the family gather at my office to discuss the will (or lack thereof) and possible estate administration. I inevitably hear of past conversations within the family as to what was supposed to happen. There is a discussion of the law and how it applies to the fact. Many times a potential client will be become upset that I am unable to tell them what they want to hear. Often the cause of problems is the lack of an updated Estate Plan.

Ohio's BMV Point System

Violating Ohio traffic laws can result in the accumulation of points on your driver's license. If a driver accumulates twelve points within a two-year period, his driving privileges will be suspended for a period of six months. In order to be restored to full driving privileges after six months the driver will have to complete a remedial driving course, pay a reinstatement fee to the Bureau of Motor Vehicles, file proof of financial responsibility with the Bureau of Motor Vehicles for three years and retake the driving test.

It Is Getting More Difficult To Obtain Disability

The figures for 2013 fiscal year have been prepared by the Office of Disability Program Management, and the allowance rate for the various levels claimant's have to go through to receive their benefits are available.

Why You Should File a Claim

The premise behind enacting workers' compensation law was to ensure medical and disability payments to those injured on the job due to circumstances beyond their control. Prior to the enactment of workers' compensation legislation, there was concern over a "growing army of maimed and (disabled) work(ers) ... widows and orphans." Thus, states across the country initiated laws to protect those injured on the job to ensure proper medical and disability coverage for such workers, so that today virtually every employer is required to provide coverage, either through public or private insurance, or self-insurance, for those employees injured on the job.

FDA Adds General Warning on Testosterone Products for Potential Venous Blood Clots

As of June 19, 2014, the FDA is requiring manufactures to add general warning to testosterone product labels of all approved testosterone products about potential risks of venous blood clots and to ensure this risk is described consistently in the labeling. FDA is requiring this label change because of postmarket reports of venous blood clots, such as venous thromboembolism (VTE) which include deep vein thrombosis (DVT) and pulmonary embolism (PE) are reported to be unrelated to polycythemia, an abnormal increase in the number of red blood cells that sometimes occurs with testosterone treatment. Testosterone labeling already warned about a possible consequence of polycythemia, but not related to venous blood clots.

It's Official: Testosterone Replacement Therapy Products Liability Is Now in Multidistrict Litigation

It has been reported that on June 6, 2014 U.S. Judicial Panel on Multidistrict Litigation (JPML) has created a MDL in the US District Court, Northern District of Illinois for Low-T lawsuits which claim that drugs such as AndroGel, Axiron, AndroDrem, Depo-Testosterone, Testim and Foresta caused men to suffer serious cardiovascular problems, including but not limited to, heart attacks, strokes and sudden death. The MDL transfer order initially sent 49 testosterone lawsuits to the Northern District of Illinois and has noted that dozens of other cases eligible for transfer are currently pending in federal courts around the country. The Order further indicates that related cases will number in the thousands.

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