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

  • April 26, 2017
    MIA
    Like Mark Twain, rumors of my demise have been greatly exaggerated. Except I am pretty sure he's actually dead, while I am not, and for that matter, nobody's spreading rumors that I am. Great lead, huh? The nice thing about...
  • April 20, 2017
    The Supreme Court takes a look at the trial tax
    And you thought this was the week you only had to worry about income taxes
  • April 18, 2017
    What's Up in the 8th
    Remembering Warren Zevon, and the Fourth Amendment lives
  • April 17, 2017
    Case Update
    Structural error, prejudice, and police run amok.
  • April 13, 2017
    Some arguments on sentencing
    Why oral arguments can be fun, even when they're not yours
  • April 12, 2017
    What's Up in the 8th
    Oh fun: declarations against interest v. non-hearsay. Also, the difference between not guilty and innocent, and Ohio's statute penalizing the refusal to take chemical test in a DUI case goes bye-bye
  • April 11, 2017
    Case Update
    Filibusters, and appellate cases on all the ways lawyers can screw up.
  • April 7, 2017
    Change of course
    A new approach in my client-attorney relationships
  • April 4, 2017
    What's Up in the 8th
    A true rocket docket, and Anthony Sowell pops up again
  • April 3, 2017
    Case Update
    Free merchant speech, an argument on Brady, another look at Creech