Henry Allen Arnett's Answers

Do I report that I have applied for disability to the Ohio unemployment office and vice versa?

As the other answers to your question indicate, you really should consult a lawyer in this situation. The problem is that if you try to collect unemployment compensation benefits, you are certifying that you are able to work. On the other hand, if you apply for social security disability, you are certifying that you are unable to work. You take a rtisk that you might lose both benefits because of your conflicting representations. A lawyer can advise you how best to proceed.

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Work injury. What can I do?

As another answer to your question indicates, your recourse will probably only be through the Ohio worker's compensation system. An injured employee who is injured as a result of an intentional act of the employer can bring a lawsuit in addition to pursuing a worker's compensation claim, but it is very rare that such a lawsuit would be successful in this State. There are several forms of compensation available to injured workers. Obviously, your medical bills which are related to the...

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How long do I have to file a lawsuit on a workers' compensation claim that has not resolved?

Generally a worker's compensation claim must be filed within two years. If you do not have a filed claim, you still have time to file since you indicate you were injured in late 2010. If you do have a claim already filed, then you may be able to pursue benefits for that claim. However, you should probably consult a lawyer. Most lawyers would not charge for an initial consultation and can explain what your options are. The lawyer can determine what benefits (temporary total, wage loss,...

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Disputed unemployment, between me and my employer. Based on the details what is my case and what should I know?

You need to do two things. First, if you have not already done so, you should immediately request a copy of your file from the Ohio Department of Job and Family Services or the Review Commission. A review of the file will show what your former employer was telling the State and what evidence it presented. If you violated a rule, the file should contain some documentation from the employer as to what the rule was and how you supposedly violated it. That way you know what evidence needs...

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Does a former employer have right to appeal a ODJFS ruling, discharged without just cause under section 4141.29 (D)(2)(a)?

The unemployment compensation system allows for several appeals, which can be made by an employee (if the claim is denied) or an employer (if the employee's claim is approved). The law provides that if a claim is initially approved, the employee starts to receive benefits, but the employer still retains the right to appeal (which apparently is what happened in your case). If the approval is overturned on appeal, then the claim does not count against the employer's experience, and the State...

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Can an at-will state employee in Ohio file a case for wrongful termination if the termination was due to retaliation?

As another lawyer has suggested, employees in Ohio who are "at-will" often have a difficult route when they try to bring a wrongful termination case. While you indicate that you reported your chairman for "apparent contract violations," you do not state what those violations were. What were those violations? Did the violations involve apparent civil rights violations, violations of Ohio's pollution laws, etc.? You may have a case depending upon the nature of the violations you reported....

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My unemployment hearing is waiting to be scheduled. Waiting for what?

The Review Commission is not waiting on you or on your employer. It has a lot of cases to hear, so the wait is based upon the hearing officer's schedule and how far in advance hearings are being scheduled. You will probably receive notice of a hearing date soon. In the meantime, if you have not already done so, you should request a copy of your file. When you received notice that your appeal had been filed, you should also have received a form explaining how you can request a complete...

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I hurt my back at work. Should I notify my employer and file workers compensation?

You may want to consult with a lawyer about whether you should file and, if you do file, whether you file your claim as a new injury or as an aggravation of a pre-existing condition. We generally inform clients that they should file to protect their rights. If you delay, your employer may use that against you, claiming that you were not really injured at work. And, of course, if you delay too long, you may be legally barred from pursuing your claim at a later date. If you file a claim,...

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Can my sister re-apply for workers comp after signing form to "close case"

Your sister really needs to consult with an experienced workers compensation attorney. I am not sure what form she signed to "close" her case. If it was a settlement of her workers compensation and it was approved by the BWC, then she may have waived her claims to any further benefits. If it was some other document, then depending on what was signed and other factors, she may still have a valid claim. The only way to tknow for certain is to have a lawyer review the documents and the facts...

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Back strain after lifting injury

You absolutely do need to consult a lawyer, and do so immediately. There are time deadlines that exist in your case, and your worker's compensation claim may lapse if you do not receive compensation or the payment of medical benefits for a certain period of time. You need to consult a lawyer to determine if your claim is still alive and, if so, what needs to be done to keep it alive. A lawyer can determine if there are additional benefits availble to you, such as permanent partial or...

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