Nov/Dec 2011
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Business Newsletter

Helping You Protect The Business You're Building 
In This Issue
The State of Our State
Court Update
Article Corner
A Moment of Levity
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JeffFanger EHC

         

         Spring is quickly approaching the Cleveland area and we are all relieved to be on the home stretch of a mild winter. We are looking forward to the coming warmth and would like to wish everyone a happy and green St. Patrick's Day.

 

         This month we would like to welcome Claudia Ring to our staff as our new Marketing Director and part of the Fanger & Associates team.  She is a recent Case Western graduate whose ambition and energy will be an asset to our firm.

 

            We would also like to remind you that this newsletter is sent with a standing invitation to contact us with your questions at (440)-605-9641. As always, we encourage you to read our articles and remain informed about the legal issues governing Ohio.

 

            On behalf of the entire staff at Fanger & Associates, we thank you for your readership and hope you enjoy the remainder of the month.

 

Jeffrey J. Fanger

The State of Our State  

Changes in Ohio Law

House Bill 14  

 

            On February 21, 2012, Governor John Kasich signed H.B. 14 into law, which states that dogs that look like, or are technically classified as pit bulls, are no longer deemed "vicious" based on appearance alone. With the passing of H.B. 14, any dog can be classified as dangerous, but only after committing one of several canine crimes. Any dog which moves to attack, or does attack a human without provocation, meaning that "a dog was not teased, tormented, or abused by a person" can be deemed vicious, but rightfully so. However, pit bulls and their look-alikes are not out of the woods yet. Certain local laws are in effect, or in progress, to remain tough on pit bulls and their unrelated twins (which, if in existence, can often be found on your local government's website).

 

            In addition, while some of the pressure has been lifted from innocent dogs, it also places more responsibility on the shoulders of their human owners. Even if your dog is on a leash, or confined to a fenced in area, you are still responsible for his or her actions. Ensure that your dog is muzzled on walks if he or she has a history of mild to moderate aggression and that you supervise outdoor trips, even in the backyard. Don't worry though, if "a person [is] committing or attempting to commit a trespass or other criminal offense on [your] property," your dog is in the clear.

 

           H.B. 14 also moves to institute a human-controlled form of birth control for Ohio dogs, as female dogs in heat must be confined, chained or on a leash at all times. In other words, protect your girls from unplanned pregnancies and keep the number of unwanted and abandoned puppies to a minimum.

 

            The outcome of this bill is a victory for unjustly ostracized pit bulls all over Ohio, but that does not mean they don't exist. Always be wary of unfamiliar dogs, even when restrained, and keep your distance. As always, comply with the law by reporting any dog you have witnessed as dangerous and maintain your companion's shots and county registration.

 

            Happy walks from Fanger & Associates!

 

 

All information taken from Ohio's Legislation Website.  Read all of H.B. 14 here.

        

Candice BradleyCourt Update
Recent Court Decisions That Impact Your Business 

Ohio Supreme Court:  Workers' compensation claimant who refused vocational rehabilitation was not eligible for total permanent disability benefits

State ex rel. Gonzales v. Morgan, 131 Ohio St.3d 62, 2011-Ohio-6047

 

   

 

          In a worker's compensation case decided December 1, 2011, Gonzales v. Morgan, the Supreme Court determined that the appellant (Gonzales) should be denied permanent total disability (PTD) mainly due to his general lack of effort in obtaining sedentary employment through continued education.

 

          Gonzales applied for PTD in 2009 after sustaining an industrial injury in 2003 and remaining unemployed for the following six years. Gonzales cited his illiteracy as a mental handicap that had hindered his employability even before his was physically injured. After his injury in 2003, however, he felt that he was "inherently permanently and totally disabled." While the commission acknowledged that Gonzales faced some intellectual obstacles, they found that "there was no evidence that he would not benefit from such services" as remedial education.

 

          The commission noted several pertinent factors in their decision against Gonzales. First, Gonzales' slew of jobs over the years was proof that he was competent enough to adapt to different work environments and learn the applicable skills. This led to the next observation over Gonzales' claim that he could not perform in a sedentary work environment due to his illiteracy. The commission recognized "that this deficiency impaired his ability to perform sedentary employment," but the fact that Gonzales made absolutely no effort to better himself through vocational rehabilitation rendered his claim illegitimate. According to the evidence of two letters sent to Gonzales, he was given the opportunity over two months to respond and participate in a rehabilitation program. Gonzales ignored the letters and failed to return calls from the program advocates, making himself unavailable to the opportunity.

 

          This blatant dismissal of educational rehabilitation is what ultimately caused Gonzales to be denied for PTD. It was cited that "the Injured Worker's failure to undergo appropriate and reasonable vocational rehabilitation to increase his residual functional capacity and/or obtain new marketable employment skills... [was] the basis for the denial of his permanent total disability application."

 

In short, Gonzales was held accountable for his own failure to retain employment of any kind. The decision of the Supreme Court in this instance is a demonstration for employers and employees alike that appropriate measures must be taken to show positive intent. For example, in another case of worker's compensation in 2010, Nissin Brake Ohio, Inc. v. Indus. Comm., "the employer challenged an award of PTD to a claimant who began a vocational rehabilitation program [designed to enhance her employment prospects] but could not finish it due to health problems unrelated to her industrial injury." The key to this case, in which PTD was awarded to the claimant, was that this case "involve[d] a claimant who began a rehabilitation program but was then prevented from finishing due to circumstances beyond the claimant's control."

 

Article CornerLegalnewsPic

Recent News You Might Have Missed

 

 

"Federal Reserve finds 'moderate' pace of growth in Cleveland district"

 

          Good news for Cleveland as the Federal Reserve has declared our city, along with Chicago, Dallas, Kansas City and San Francisco, to be expanding at a "moderate" pace. While Philadelphia and Atlanta are expanding the quickest, there is still something to be said for Cleveland and this step in the right direction.

 

          Hiring by manufacturers is increasing as business conditions are improving. Residential and nonresidential construction, shale gas drilling and production, and business and consumer credit demand are all expanding. Retail and auto sales still lag behind, consistent with annual trends of decline in winter months.  

 

          While manufacturing is succeeding against all odds, finding highly skilled workers is still a problem for many staffing firms and other businesses in Cleveland. With the number of accredited universities in Cleveland and the surrounding areas, the reasoning behind this is unknown. Overall, a grade of "moderate" is a positive sign for Cleveland's economy while so many others are still struggling mightily in this climate.

 

 

 

To read the full article from Crain's Cleveland Business, click here

 

 A Moment Of Levity
 A little humor to brighten your day. . .
 
 
 Accept that some days you're the pigeon and some days you're the statue.
 
 On the keyboard of life, always keep one finger on the escape key.
 
 Everyone has a photographic memory.  Some just don't have film.
 
 
To laugh more, click here.
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The opinions and views expressed in this newsletter are solely those of the author of the article and/or Fanger & Associates LLC. Articles appearing in this newsletter are intended to provide broad, general information about the law. This newsletter is sent to clients and friends of Fanger & Associates LLC, as well as Ohio businesses and Ohio non-profit corporations as identified through their registration with the Ohio Secretary of State, including organizations with which Fanger & Associates LLC has no prior contact. Before applying this information to any specific legal problem, readers are urged to seek advice from an attorney. If you have any questions regarding any topic in this publication and you already have a lawyer, please contact your lawyer. If you do not already have counsel, please feel free to contact Fanger & Associates LLC and we will be happy to assist you.
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