The man said he took the money due to his addictive personality, using the funds to pay for renovations on his house. He also allegedly used his co-director's credit card to pay for meals and other purchases, including thousands of dollars in plane fare. He was sentenced to 14 months of jail time for each count, which he must serve consecutively. A judge also ordered him to pay approximately $27,000 in restitution.
]]> The man apologized for his actions and said he has sold all of his possessions to help pay restitution, which raised about $10,000. "I never set out to do this or plan to do this. But I did do this," he explained.According to Ohio authorities, the man served two years in prison after being convicted of taking more than $750,000 from a former employer in 2006. Prosecutors claimed he used his middle name when applying for the Humane Society job in order to hide his criminal record. The man said he did so because he was ashamed of his past conviction.
After pleading guilty to his most recent arrest, the man was accused of selling pet medication to an undercover Marysville, Ohio, police officer. Shortly after, he was charged on three felony counts "related to selling, purchasing, distributing or delivering dangerous drugs, theft and possession of criminal tools." He has not yet appeared in court on those charges, but it's important that he receive a fair trial on those charges alone, and not on what he admitted to previously doing.
Source: LoanSafe, "Former Humane Society Director Sentenced to 3 ½ Years in Prison," Alex Ferreras, May 8, 2012
]]>According to the representative, Ohio's workers' compensation laws need to be tweaked to attract new employers to the state and convince existing companies to stay.
]]> The bills' stated goal is to improve medical care for workers, which would allow injured workers to return to work sooner. The representative claimed that 93 percent of Ohio workers who are injured on the job and receive workers' compensation benefits are back to work within 45 days, leaving 7 percent out of work for much longer periods.The head of the Ohio Bureau of Workers' Compensation said that the number of employees who are able to quickly return to work after an injury has fallen in the last five years.
According to the BWC, the three reform bills would make injured workers seek medical care immediately, only rewarding them with benefits if they follow their treatment plan as prescribed by the BWC and medical professionals. The bills would also give the BWC the power to ban "underperforming" health care providers. Workers who are injured for more than 45 days would only be allowed to seek treatment from a state-selected provider.
It's important that lawmakers and the BWC answer the question of what they would want from the special providers that injured workers would have to see. Will preference be given to providers that ignore lingering health concerns and say workers should get back to the job so the state can save money?
Source: Chillicothe Gazette, "Ohio considering workers' comp reform," Jessica Alaimo, April 21, 2012
]]>This proved to be the case in a recent car-train accident in Bucyrus, Ohio, that claimed the lives of a 53-year-old woman, 46-year-old man and their dog.
]]> The woman was driving the vehicle west along Hieber Road at around 3:18 p.m. one day when she collided with a train, the Crawford County sheriff's office stated. Reports from railroad employees claimed that the woman initially slowed down her vehicle as she encountered the tracks. At the last minute, she sped up to try to beat the locomotive. Instead, the vehicle was struck on the passenger's side.Residents are left to ponder whether the city or railroad company has done enough to protect the victims and others who use the railroad crossing. The crossing does not have a gate to stop cars from crossing when a train is approaching. It is also not equipped with flashing lights. Both are vitally important to warning drivers about an oncoming train.
According to the Federal Railroad Administration, 80 percent of crossings throughout the country are not equipped with lights or a gate. While some may think it's easy to see whether a train is approaching even an unmarked crossing, sometimes it can be extremely difficult, depending on the conditions.
The Crawford County Sheriff's Office continues to investigate the crash.
Source: MarionStar.com, "Woman dies from injuries in weekend crash," Kimberly Gasuras, April 17, 2012
]]>The accident occurred in 2007, when a hydrogen storage unit exploded during a delivery. This left the worker with a number of back, neck and shoulder injuries, which required surgery to treat. The accident also resulted in a number of other injuries and one death. A jury eventually ruled that the employer failed to take steps to prevent the explosion in accordance with industry safety standards.
]]> Now, both parties are vying for prejudgment interest, which is money awarded to a plaintiff when a defendant purposefully delays a case by failing to engage in settlement talks. This is designed to encourage both parties to work toward a settlement.The victim's attorneys said they made two offers for less than the final awarded sum, but claimed the defendant refused them and failed to make an effort to resolve the case before it went to trial. The employer's attorney argued that the first attempt to settle was never considered a formal offer, and the second offer came too soon to the beginning of the trial.
It's also worth noting that the employer failed to even make an offer in response to the plaintiff's offer, so one could question whether or not the employer actually wanted to solve the matter.
Source: Marietta Times, "Worker waits for $5.57M judgment," Kevin Pierson, April 11, 2012
]]>The BWC argues that other Ohio employers have been forced to front the cost of workers' compensation benefits owed to employees of the container company, which allowed its policy to expire in 2006.
]]> Under Ohio law, citizens who are injured on the job must receive workers' compensation even if their employer does not have an active policy. When an employer does not pay its premiums that cost is deferred among other businesses. Since the company's policy lapsed in 2006, the BWC has repeatedly, attempted to help the company keep its employees covered. During that time, the company has been the target of 22 workers' compensation claims, including one stemming from the death of an employee. The company now owes nearly $700,000.The owner of the container company has pled guilty to felony failure to comply with workers' compensation laws, agreeing to resolve the issue by making several payments. Despite promising to make monthly and lump sum payments, the owner has failed to do so. This prompted the BWC to ask a judge to order the company's operations halted.
The head of the BWC accused the container company of failing to cooperate with BWC attempts to resolve the issue. He argued that the company repeatedly ignored attempts to find a solution.
Source: Claims Journal, "Ohio Company's Refusal to Protect Employees Results in Court Action," April 4, 2012
]]>According to the lawsuit, the lease between the plaintiff and defendant included information regarding the leaking roof, as well as damage caused by the leak. While the leasing company paid for several boats and other damaged vehicles to be repaired, the leak went unaddressed. In 2010, the man claimed to have supplied a representative of the defendant a detailed list of all the facility's leak-affected areas. Although the company retained roofing contractors at that time, the man claims that any of the repairs that may have been done were ineffective.
]]> The month after the plaintiff claims to have shown the leak details to the company, a tow motor skidded across a wet spot on the warehouse floor while the man operated it. As the motor slid toward a boat, the man attempted to stop the crash with his arm. Unable to do so, the man's hand was pinned between the boat and motor. The severity of the plaintiff's injury is unclear.The man accuses the leasing company of causing his injury by failing to repair the leaking roof at his request. He contends that this lack of action on the defendant's part also constitutes a breach of the leasing contract he signed with the company. No representatives from the defendant could be reached for comment regarding the lawsuit.
Source: Morning Journal, "Leak leads to lawsuit," Kate Snyder, March 21, 2012
]]>The Gingrich Group filed for Chapter 7 bankruptcy in Atlanta earlier in April. In its filing, it claimed it has liabilities up to $10 million and only $100,000 in assets. That seems to show that The Gingrich Group held on until the last possible moment and only filed when there simply was no other option.
]]> Now, in one sense, that approach is understandable. Individuals and small business owners do not want to let go; they want to succeed and often are willing to fight it out until the bitter end.However, one drawback of that plan of action is that by the time it is apparent that bankruptcy is the only way out, the would-be filer has no other options. Bankruptcy is nothing to be afraid of, but it is a serious step and ideally is one you would only take when you are fully informed and are comfortable with what you are doing.
If you are in a period of financial distress and you do not see it getting better any time soon, you might think about meeting with an attorney who practices bankruptcy law. This attorney can talk to you about the process and you may walk away with a better grasp of your options and possible courses of action.
Source: The Gazette Times, "Gingrich's think tank files for bankruptcy," April 5, 2012
]]>Reporters say the man has been convicted on every arrest thus far, with the most recent two incidents resulting in felonies. The suspect's most recent conviction was in 2010, for which the man served two years in prison. Additionally, the man was forced to forfeit his vehicle and pay a $1,350 fine. Police say his license also should have been suspended for three years following the conviction, but claim his license was active at the time of his most recent arrest.
]]> Police pulled the suspect over near Route 22 in late January, although it is unclear why he was stopped. Officers say the man refused a field sobriety test. The officers then arrested him on suspicion of driving under the influence and took him to jail. It is unclear whether the suspect underwent a toxicology test.Some individuals have called for harsher punishments for the man, arguing that license suspension is ineffective at preventing drunk driving. Prosecutors say they hope to convict the suspect and see him face a serious sentence. Prosecutors said the man faces a maximum sentence of a $10,000 fine and five years in jail if he is convicted. Additionally, his car would be confiscated and his Ohio driver's license would be revoked for life.
But perhaps the more important question that people should be asking is what is causing the man to act the way he does? Clearly multiple stays in prison have not cured him of an alcohol abuse problem. Is there more that we could be doing for people then just throwing them in jail and forgetting about them?
Source: WLWT.com, "South Lebanon Man Gets 12th DUI Arrest," March 13, 2012
]]>According to police, the 17-year-old boy entered a high school cafeteria on Feb. 27 and began shooting. He allegedly killed three students and wounded two others. He was charged with three counts of aggravated murder, two counts of attempted aggravated murder and one count of felonious assault.
]]> A hearing was scheduled for April 3 to determine if the 17 year old should be tried as an adult. However, the hearing has been postponed after a judge ordered that the young man undergo a mental competency exam. A competency hearing has been scheduled for April 9. They will later decide whether or not the 17 year old should be tried as an adult.Under Ohio law, a child that suffers from a mental illness or an intellectual or developmental disability is not legally competent to stand trial. A child can only be found competent if they understand the seriousness of the charges against them. They must also understand the court proceedings, be able to contribute to their defense and understand any potential consequences.
It is not clear how this specific case will turn out, but it illustrates the protections that are in place for those who are accused of a serious crime. If a person is not competent, they will be committed to a psychiatric facility where they can get the treatment they need before they are allowed to stand trial.
Source: USA Today, "Competency exam ordered for Ohio school shooting suspect," March 28, 2012
]]>The lawsuit was filed after the mother of a student with autism told the agency that teachers had placed her child in a seclusion room, which she referred to as a "closet." The woman alleges that this directly led to her child's personal injury, as he urinated in the room and contracted a staph infection after lying on the floor. This prompted the Ohio Legal Rights Service to launch a "district-wide investigation of abuse, neglect and/or significant rights violation" in the school district.
]]> An investigator with the agency has described the seclusion room involved in the mother's complaint as "a padded room with a metal door that had two peep holes and a foot latch lock." The lawsuit claims that at least four schools in the Columbus school district, the largest in the state, make use of such rooms.In addition to the lawsuit, the mother could also file her own personal injury lawsuit against the school for the suffering her child endured.
According to the U.S. Government Accountability Office, restraining students or placing them in seclusion may be necessary to protect them and others from injury. However, the GAO also found that such practices can be dangerous. A 2009 GAO report to Congress found that children subjected to those methods are at a higher risk of physical and mental injury than adults.
The plaintiffs behind the lawsuit hope to force the school district to release records regarding the use of seclusion rooms. There are no federal laws on such rooms, and while Ohio does have some restrictions regarding their use, advocates say the state's laws are weak. A representative for the Ohio Department of Education says he and his staff are developing better guidelines regarding seclusion rooms and how they should be used.
Source: StateImpact (NPR), "Columbus School District Sued Over Accusations of Locking Disabled Students in Padded Rooms," Molly Bloom, March 7, 2012
]]>However, the Ohio Bureau of Workers' Compensation is still investigating the incident in order to determine whether the two affected workers are eligible to receive workers' compensation benefits for their injuries. Until that investigation concludes, the plant will refrain from using the machines and will process sewage using an alternate procedure. But other workers should also remain cautious.
]]> Although a witness described both victims as "coherent" following the explosion, both suffered severe injuries that required them to be transported by helicopter to a large medical care facility for treatment. One of the victims was sent to a burn-trauma unit, while the other was taken to an intensive care ward. Both victims sustained burns over 90 percent of their body, according to the city fire chief.According to another plant employee, the injured men were working on wiring when the explosion occurred, speculating that one of the men may have inadvertently created a spark and triggered the explosion, which shattered windows in the building and another nearby facility.
Officials say the rest of the plant's operations will continue as usual. Firefighters tested each of the plant's rooms to test for lingering traces of methane and found no evidence to suggest the explosion was started intentionally.
Source: Vindy.com, "Officials probe Struthers explosion, workers still critical," Robert Guttersohn, March 3, 2012
]]>According to the wrongful death lawsuit, the victim was traveling with the defendant to a Halloween block party in Athens, Ohio, at the time of the accident. A trooper with the Ohio State Highway patrol attempted to pull over the 21-year-old driver for a burnt out headlight. The driver fled and prompted a high-speed chase for about half a mile. Police say the defendant then allegedly lost control of his vehicle, veering off the right side of the road and colliding with a tree. The defendant's 14-year-old passenger was killed by the impact.
]]> The girl's father claims the defendant was negligent in driving at such an unsafe speed, as well as failing to insure his vehicle. Additionally, the lawsuit accuses the defendant of possibly being under the influence of drugs or alcohol, but no toxicology tests have been performed.The family hopes to secure monetary compensation, partly to allow them to reimburse parties that funded the victim's medical and burial costs. Additionally, they have requested an additional sum to account for the pain and suffering experienced by the girl before her death, as well as other various expenses, court costs and the price of legal representation.
Passengers don't give up their rights when they get in a car being driven by someone else. A driver has a duty to protect his or her vehicle's occupants.
Source: Parkersburg News and Sentinel, "Fitchett family files wrongful death lawsuit," Jeffrey Saulton, Feb. 25, 2012
]]>After a trial that stretched nearly three weeks, a jury ruled in favor of the plaintiff, ordering the company to pay the victim's estate more than $3.66 million in what has been called one of the largest verdicts in the county's history. Soon after the verdict was announced, the defendant requested that the Ohio 5th District Court of Appeals review the case, but that request was denied.
]]> The company now has 45 days to file an appeal with the Ohio Supreme Court, though the state's highest court has no obligation to consider the case. The court generally only hears cases which it believes to be "of public or great general interest" or those that raise issues of constitutionality. While the company called the victim's death "a tragic accident," it argued that the court improperly applied the Federal Motor Carrier Safety Regulations and that the victim was responsible for properly securing the cargo of his truck.The plaintiff's legal team announced that they were pleased by the ruling, saying that the victim's family deserves a conclusion after six years of legal battles.
Source: Times Reporter, "Court rejects Worthington appeal of wrongful-death award," Lee Morrison, Jan. 31, 2012
]]>The accident, which sparked the wrongful death case, occurred when an 82-year-old driver drove his van through an intersection and was struck by an oncoming fire truck, which had run a red light on its way to a fire. The fire truck did not have a siren activated, but its driver claimed he activated the vehicle's emergency lights and used the air horn to warn motorists. The driver of the van was killed in the accident, while his wife sustained serious injuries.
]]> The victim's widow and her husband's estate sued the city in 2009, but a judge ruled that the city was immune because the firefighter was performing his official duties at the time of the crash. The plaintiffs appealed, saying the city was not immune due to the firefighter's failure to stop at a red light, which violates traffic codes and city policies. An appeals court reversed the ruling of the initial court, giving the plaintiffs a chance to argue the case before a jury.A Canton law enforcement official spoke to the state Supreme Court, arguing that it is unfair to consider traffic laws and departmental policies when determining immunity. He explained that if the lawsuit is allowed to go through, many cities could eliminate beneficial policies in order to protect themselves from liability.
This is one of two wrongful death cases from the same Ohio county involving fatal accidents with fire trucks. If the court rules in favor of the victims' families, public agencies will need to be safer around the general public.
Source: CantonRep.com, "Supreme Court hears case involving Canton firetruck," Shane Hoover, Feb. 7, 2012
]]>The woman's widower sought workers' compensation benefits from the BWC, claiming his wife's death was caused by overexertion, suggesting that the heart attack was directly related to her employment.
]]> A doctor testified before a judge that the deceased woman had previously undergone coronary surgery and had a pre-existing heart condition that likely contributed to the attack. According to the doctor, the woman also suffered from sleep apnea, high cholesterol, diabetes, reactive airway disease and hypertension. He said that he could not determine what caused the attack, saying that the woman was at risk of having a heart attack at any point. The woman weighed more than 300 pounds and reportedly smoked two packs of cigarettes daily.The man took the BWC to court after it denied workers' compensation benefits to her estate. A trial court ultimately found that there was not enough evidence to link the woman's death to her work.
The woman's husband appealed the decision, but the appellate court upheld the lower court's finding that pre-existing conditions appeared to be the most likely cause of death.
Trying to understand workers' compensation laws can be a tall order for regular workers. For those attempting to get benefits for a workplace accident, they should consider consulting an attorney who is experienced in workers' compensation litigation.
Source: Business Insurance, "Ohio court rejects comp benefits for widower of obese smoker," Roberto Ceniceros, Feb. 2, 2012
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