Workers' Compensation

Overview

Weston Hurd’s lawyers have extensive experience in defending employers’ interests in all aspects of employee-injury claims at the administrative agency level and in all of Ohio’s courts. Several of Weston Hurd’s attorneys are former Ohio Assistant Attorney Generals whose work included defending the Industrial Commission and the Bureau of Worker’s Compensation in disability claims involving complex medical issues.

The attorneys represent companies ranging from small family-owned businesses to Fortune 500 companies as well as state-funded and self-insured employers. The attorneys are committed to serving the needs of employers by providing efficient and effective representation that keeps our clients’ best interests, and bottom line, in mind.

The Workers’ Compensation Practice Group embraces several areas:

Administrative

Defend employers at administrative hearings throughout the State on a broad range of workers’ compensation issues, including initial allowances, authorization of treatment, additional allowances, permanent partial, authorization of medications, temporary total compensation, AWW/FWW resets, violation of specific safety requirements (VSSR), wage loss, scheduled losses, permanent and total disability, handicap reimbursement, and death claims.  In preparation for hearings, the attorneys work with the employer and third-party administrators to develop the best available defenses for the employer.

Court of Common Pleas

Weston Hurd’s attorneys are litigation specialists and have extensive experience defending the interests of employers in work-related injury claims in courts throughout Ohio.  The attorneys are skilled in taking the depositions of injured workers, lay witnesses, and expert witnesses, as well as presenting evidence at trial in a manner that has led to many verdicts for employers.

Mandamus Actions

The attorneys have filed and defended numerous appeals on behalf of their clients in the 10th District Court of Appeals and before the Supreme Court of Ohio.  Several Weston Hurd attorneys are former Assistant Attorneys General whose work included defending the Industrial Commission of Ohio and the Ohio Bureau of Workers’ Compensation before these tribunals on a regular basis, both in brief writing and at oral argument.

Settlement

Settlement is an integral part of the workers’ compensation system.  The workers’ compensation attorneys strive to obtain the best possible resolution to their client’s claims by working with third-party administrators and opposing counsel to efficiently and appropriately resolve the claim through settlement, when appropriate.

Additional Services

Weston Hurd’s attorneys are available to assist clients in matters including establishing workers’ compensation coverage, the defense of clients before the Ohio Bureau of Workers’ Compensation at audit hearings, independent contractor reviews, and manual classification protests.

Representative Matters:

  • Handling over 10,000 Industrial Commission hearings and successfully arguing cases before the Industrial Commissioners in Columbus, as well as every Industrial Commission office in Ohio.
  • Handling numerous VSSR claims and litigating VSSR issues to the Supreme Court of Ohio.
  • Successfully litigating workers’ compensation cases at jury trials, in various Courts of Appeals, in Mandamus actions in the 10th District Court of Appeals, and before the Ohio
  • Counseling employers and advocating on their behalf before the BWC on issues relating to premium matters and self insured status.
  • Representation of employers relating to VSSR applications.
  • Advising employers on the compensability of claims and contesting workers’ compensation cases.
  • Represented employers in .512 appeals to Common Pleas Court in both state fund and self-insured cases, and both defending claimants’ appeals and prosecuting employer appeals.
  • Represented employers in workers’ compensation retaliation claims.
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