Cannizzaro, Fraser, Bridges & Jillisky, lawyers in Marysville, OH, Ohio

Knowledge of Injury Imputed to Employer

When an employer has actual knowledge of an employee's injury and its possible connection to the employee's work, most courts will excuse the employee's failure to timely give notice of the injury. Sometimes, however, such knowledge will be imputed to the employer. If a person associated with the employer in a managerial or representative role received knowledge of the injury, that knowledge will be charged to the employer. For example, consider the supervisor who witnessed the accident that caused the employee's injury. The employer itself will then be deemed to be aware of the employee's injury.More...

Correlation Between Workers' Compensation and Social Security Disability Benefits

Workers' compensation and social security disability insurance (SSDI) benefits both aim to help disabled individuals by providing funds for income replacement. Though similar in purpose, the programs diverge in their criteria for the receipt of benefits. Eligibility for workers' compensation benefits requires that the individual be an employee who was injured on the job. In contrast, SSDI benefits are only issued to those individuals who are so severely disabled by a medically determinable impairment that they cannot engage in any substantial gainful activity. Additionally, to be declared eligible for SSDI benefits, an individual must have worked long enough to be "insured" and must not have reached a certain age.More...

Palliative and Preventive Measures

The provision for medical benefits is a substantial component of workers' compensation. Many states consider palliative measures to be included under the umbrella of "medical benefits." Basically, palliative measures are those extended to the employee for pain and discomfort when there is no hope for recovery. The language of each state's statute is central to whether palliative measures are covered. For example, when a state authorizes medical benefits for the cure and recovery of the injured employee, many courts will consider "recovery" separate from "cure." Thus, the door is opened for palliative measures despite the lack of curability in the employee's condition.More...

Meaning of "Miner" for Purposes of Black Lung Benefits Act

The Black Lung Benefits Act provides for total disability claims for United States miners suffering from pneumoconiosis (aka black lung disease), which was contracted due to their employment. Originally, a "miner" was considered to be a person who was employed in an underground coal mine. However, subsequent amendments to the Act deleted the "underground" requirement so that miners working in above-ground environments would also be covered.More...

HIV/AIDS

Human Immunodeficiency Virus (HIV), the virus that causes Acquired Immunodeficiency Syndrome (AIDS), cripples the body's immune system so that it cannot defend itself against other infections and diseases. There is no cure for AIDS, though drugs have been produced that slow the progression of the virus from HIV into AIDS.More...