Notable Cases from Heller, Maas, Moro & Magill Co., L.P.A.
Logan v. Indus. Comm. 10th District Court of Appeals -
Our client filed for Permanent Total Disability benefits because of the severe injuries he sustained. The Industrial Commission denied the request. Attorney Magill felt this was incorrect and filed an appeal to the Court of Appeals. The Court of Appeals agreed with Attorney Magill’s argument and sent it to the Industrial Commission to have another hearing and to consider all the relevant information at this hearing.
Groff v. Indus. Comm. , 10th District Court of Appeals -
Our client’s Temporary Total compensation was terminated by the Industrial Commission. This decision was incorrect. Attorney Magill filed an appeal to the Court of Appeals. After writing a brief and having oral arguments in front of the court, the Court of Appeals agreed with him. The Court of Appeals remanded the case back to the Industrial Commission for another hearing as the court agreed medical (CLARIFY THIS A LITTLE)was insufficient to stop our client’s compensation.
Schill v. General Motors -
Trumbull County Court of Common Pleas and Trumbull County Court of Appeals. Plaintiff Schill had been denied workers’ compensation benefits by his employer, General Motors Lordstown. Mr. Schill had been involved in a vehicular accident in the plant. Atty. Moro obtained a jury verdict for Plaintiff Schill establishing that his pre-existing back issues had been aggravated by his industrial accident. Defendant General Motors then appealed this matter to the Eleventh District Court of Appeals in Warren, Ohio. Atty. Moro successfully represented Mr. Schill in the Court of Appeals thus upholding the jury’s decision in this matter.
DeSimio v. Eaton Corp. -
Portage County Court of Common Pleas. Atty. Moro obtained a jury verdict for Plaintiff Robert DeSimio thus allowing his workers’ compensation benefits denied to him by his self-insured employer, Eaton Corporation. This case involved a significant back injury sustained by our client, Mr. DeSimio.
Wilcox v. Majersky -
Trumbull County Court of Common Pleas. Atty. Moro represented Plaintiff Wilcox in a jury trial and obtained a monetary award for him in this matter. This case involved an automobile accident and the jury found in favor of Mr. Wilcox.
Clark v. Indus. Comm. , Ohio Supreme Court -
Our client sustained an amputation due to her industrial injury. Attorney Magill filed an application with the Bureau Worker’s Compensation to make sure that she received the compensation that she was entitled to. This application was denied by the Industrial Commission. Attorney Magill knew this was wrong, and appealed it to the Court of Appeals. The Court, however, denied our appeal. Attorney Magill did not stop there, and he appealed it to the Ohio Supreme Court. The Supreme Court reversed the decision of Court of Appeals and the Industrial Commission and granted the injured worker benefits she was entitled to because of the amputation.
Tamco v. Indus. Comm., Ohio Supreme Court -
Our client sustained severe industrial injuries. Because of this Attorney Magill filed for Permanent Total Disability. We were successful in the application, which granted our client monetary benefits every two weeks for the rest of her life. The employer objected to this and filed an appeal not just to the Court of Appeals but to the Supreme Court as well. Attorney Magill was successful at both levels in preventing the employer from stopping our client’s benefits.
Taylor V. Indus. Comm., Ohio Supreme Court -
Due to the severe injuries that our client suffered because of his industrial injury, Attorney Magill filed for Permanent and Total Disability on his behalf. This application was denied by the Industrial Commission. That decision was incorrect. Attorney Magill prepared the mandamus complaint as well as the brief and participated in oral arguments in front of the Court of Appeals. The Court of Appeals denied our appeal. However, because of Attorney Magill’s convictions for his client, he appealed it to the Ohio Supreme Court. The Ohio Supreme Court, based upon the briefs submitted on the appeal, ordered that our client be found Permanently and Totally Disabled which provides that he receives benefits for the rest of his life.
Winters v. General Motors -
Trumbull County Court of Common Pleas. Atty. Moro obtained a jury verdict for client Frank Winters entitling him to workers’ compensation benefits which were previously denied. Plaintiff Winters suffered a gradually developing injury as a result of his work duties at Defendant General Motors’ Lordstown Complex.
Fisher v. Mayfield, Ohio Supreme Court -
This case presents a very unique and important situation for all workers. Our client was collecting for a flower fund to be used for either the birth of a child, a death of a relative, or anything along those lines. Her injury occurred prior to the start of her normal work day and not at her exact job location. This case was lost at the Industrial Commission level. Attorney Magill filed an appeal to the Common Pleas Court which sided with the Industrial Commission. Attorney Magill filed an appeal to the Court of Appeals who also sided with the Industrial Commission. Knowing this was an important issue, Attorney Magill filed an appeal to the Ohio Supreme Court. Attorney Magill wrote the brief and argued this case in front of the Supreme Court (a great experience as he had only been out of law school a few years). The court agreed with his argument and granted our client the right to all benefits to which an injured worker in Ohio is entitled.