Compromise, Settlement, and Release : Workers' Compensation

Compromise, Settlement, and Release

Without A Subrogation Statute, Previous Subrogation Settlements Come Under Attack
Charles D. Smith of Roetzel & Andress

In 2001, the Ohio Supreme Court declared unconstitutional and invalid the workers' compensation subrogation statute found under 4123.931 of the Ohio Revised Code. As a result of that decision, questions were raised concerning prior settlements reached with the Bureau of Workers' Compensation under the old statute. In particular, under the old statute personal injury plaintiffs saw part of their monetary settlements paid back to the Bureau of Workers' Compensation to cover both present and future medical costs and disability benefits.
Section 457 Traps Unwary Non-Profits
Bodman LLP

Although Internal Revenue Code Section 457 has applied to non-profit organizations for more than ten years, its eff.
Employee Can Sue for Workplace Harassment Despite Signing a Workers' Comp Release
Douglas B. M. Ehlke of Ehlke Law Offices

When employers settle workers' comp claims they frequently attempt to have the employees sign a comprehensive release form that releases "all claims and causes of action." But can such a release for a single workers' comp injury claim also release any and all claims that fall outside the workers' compensation system?