Welcome to The Briefcase

Commentary and analysis of Ohio criminal law and whatever else comes to mind, served with a dash of snark.  Continue Reading »

×

May 25, 2006

Got appointed to represent a defendant in a car theft case, so I went over to the jail today to interview him.  We went through the preliminaries, and then I asked him to tell me what happened.  "Well," he says, "I'd gotten out of prison earlier that day..."  That'll look good on the "Defendant's Version" section of the presentence report.

On to the law.

These boots weren't made for walking...   An employee is required by his company to wear heavy-duty workboots on the job, and although the employee decides which boot to purchase, the company has to approve the choice. The employee then winds up with an ulcerated blister on his foot because the boot proves defective. Is this covered by workers comp?

No, according to Anderson v. Sherwood Food Distributors. Judge Corrigan's majority opinion holds that while the injury occurred in the course of Anderson's employment, it didn't occur within the scope of his employment: "his employment did not cause the blister - his defective boot did." The court distinguishes a 1930 case in which the employee had died - yes, died - from a blister caused by walking over rough ground at a construction site; in this case, the court holds, "nothing particular to the Sherwood workplace contributed to the injury." Judge Blackmon's dissent argues that the what the court is actually doing is applying the "special hazards rule," by holding that in order to be compensable, the injury must arise from some facet of employment that the general public is not exposed to, and that the special hazards rule has no application where the injury actually occurs on the employer's premises.

Search

Recent Entries

  • March 20, 2017
    Taking time off
    I'm taking the week off. Have a major brief due on Thursday, plus a trial in Federal court starting next Monday. Plus, I'm pretty sure that Obama wiretapped me, too, so I'm working on getting to the bottom of that....
  • March 17, 2017
    What's Up with the 8th?
    The 8th District cases come out every Thursday. By about ten o'clock in the morning, the court will have posted the "weekly decision list" on its web site. It will give a summary of the case, usually in a sentence...
  • March 14, 2017
    Rippo and Pena-Rodriguez
    SCOTUS issues decisions on judicial recusal and biased jurors
  • March 13, 2017
    Case Update
    A SCOTUS decision on career offenders, and appellate cases on what a judge can consider in sentencing, and untimely motions to suppress
  • March 9, 2017
    A switch in time
    The court reverses itself in Gonzalez
  • March 8, 2017
    What's Up in the 8th
    More sentencing stories, and the right way to handle an Anders brief
  • March 7, 2017
    Case Update
    Knock and announce and the Ohio Constitution, and Anders briefs.
  • March 6, 2017
    Never mind
    The Ohio Supreme Court reverses Gonzalez.
  • March 2, 2017
    Of bright lines and bookbags
    Oral argument in State v. Oles and State v. Polk
  • February 28, 2017
    What's Up in the 8th
    A good outcome in a search case, probably a good outcome (to be) in a drug case, and a very bad outcome in a child rape case