The Ohio Supreme Court ruled that an injured worker can establish a claim of retaliation for pursuing comp benefits even if he cannot establish his entitlement to those benefits.
Case: Onderko v. Sierra Lobo, Nos. 2014-1881 and 2014-1962, 07/21/2016, published.
Facts: Michael P. Onderko worked for Sierra Lobo Inc. He claimed he injured his knee while moving office furniture with two co-workers, and that his knee "gave out" on him while he was on his way home.
Onderko sought medical treatment, but he did not tell any of his treating doctors about his knee hurting him while at work....
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