5th District: Workers Compensation Eligibility Reversed in Appeals Court

    A claimant who had previously been denied eligibility for participating in the Workers' Compensation Fund finally received a long awaited victory on May 13, 2011 from the Court of Appeals of Ohio.  The Richland County Court of Common Pleas had initially ruled in favor of both the claimant's employer, Mid Ohio Home Health, Ltd, and the Administrator of the Bureau of Workers' Compensation, on the grounds that the claimant was ineligible to participate in the Workers' Compensation Fund because "her injury was not work-related since her employer did not own or control the parking lot in which she was injured."

    The claimant's job involved her performing household chores at five client's homes each day.  Her wages were hourly and included travel time between client's homes.  On the day in question, the claimant drove to her employer's residence to pick up her paycheck in between appointments with clients. Due to the proximity of her place of residence to the office, she was required under Mid Ohio's policy to pickup her paycheck from their business office on a regular basis.  After she had retrieved her paycheck, she fell on a patch of ice in the parking lot in front of the office and subsequently, incurred injuries.  Mid Ohio had scheduled the claimant to go to a work assignment after picking up her paycheck.  

    A major statute which affects Worker's Compensation law in the state of Ohio is the "coming and going rule".  This rule maintains that an employee injured while commuting to and from work doesn't qualify for the fund.  However, an employee must be considered a "fixed-situs employee" for the coming and going rule to be imposed.  A fixed-situs employee refers to an employee with a fixed place of employment. 

    The claimant continued to defend her position by stating that she was not a "fixed-situs employee" for the reason that she would complete her work duties at the homes of her clients and additionally, was "in the course of her employment when she was injured."   The Court of Appeals of Ohio reviewed the case and agreed, ruling in favor of the claimant.  

    Consequently, The judgment of the trial courts was reversed and remanded on the basis that the claimant was not considered a fixed-situs employee and was injured while walking in the employer's parking lot and engaging in specific acts Mid Ohio required her to do regularly as part of her employment.

                                       Elizabeth K. Sheard       Deborah Zaccaro Hoffman  

    Elizabeth K. Sheard and Deborah Zaccaro Hoffman have joined the firm of Fanger & Associates LLC this month as Associates.  

    Ms. Sheard has practiced for ten years in Akron, Ohio prior to joining Fanger & Associates LLC.  She is a certified divorce and family law mediator as well as a licensed realtor and has significant experience in real estate transactional and litigation matters.  Ms. Sheard  is a proud Veteran of the United States Air Force and has received the Base and Squadron and Air Force Logistics Command Airman of the Year awards, among other accommodations.    

    Ms. Hoffman practices in the areas of:  special needs advocacy, family law, estate planning, and probate.  In addition, she has an M.A. in Russian and is fluent in the language.  Prior to joining Fanger & Associates LLC, she was in private practice for nearly two years and has over five years experience in practicing law.  

    With their extensive and diverse backgrounds, Sheard and Hoffman add new expertise to our firm and will be strong contributors to the Fanger & Associates LLC team.  Clients seeking assistance with property issues, the unique and sometimes frustrating special education process, or looking for alternative dispute resolution options regarding family law issues are encouraged to contact either Ms. Sheard or Ms. Hoffman and discuss their legal needs.  Welcome aboard ladies!