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Woman loses foot, receives compensation benefits after appeal

If someone from Ohio is injured while on the job, and she or he is unsure of whether compensation will be awarded, it may be best to get some advice on the matter. Workers' compensation benefits can be hard to obtain if a court does not find in favor of the victim, but appeals are possible and, in one case, they were the reason that an injured individual finally received compensation.

A woman, who was the head custodian at a school, was unlocking the front gate on May 3, 2010. She had parked her vehicle close to the gate so that she could use the headlights to see. Inclement weather was present, making the ground slippery and the sky dark. As she began to unlock the gate to the parking lot, her car began to roll away from her.

As it went down the hill, she ran toward it, hoping to stop any damage from occurring. While running, she lost her footing and fell to the ground. The vehicle ran over her foot and it had to be amputated.

She soon filed for workers' compensation and was awarded it by an administrative law judge, who ruled that the injury arose out of her employment. If she had not been there, the injury would not have occurred.

But the state Board of Workers' Compensation reversed the decision, which was upheld by a state superior court. The woman took her case to a state appellate court, which found that the reversal was based on incorrect legal theory. The reversal had been based on the fact that chasing after a moving vehicle was not part of her job description.

The appellate court ruled that the injury occurred while the woman was on duty and performing her responsibilities as head custodian. Due to this, her benefits were reinstated.

Source: HR.BLR.com, "Worker Injured By Car Entitled to Workers' Compensation?" Mar. 13, 2012

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Philip J. Fulton Law OfficeRepresenting Victims Of Workplace Injuries And Disability

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