Monast Law Office - January 2019

Workers’ COMPanion


JANUARY 2019 | 614-334-4649 | 5000 Arlington Centre Blvd. Bldg 2, Suite 2117, Upper Arlington, OH 43220-2913


I n today’s world of division and constant spoon-fed controversy, it’s all too easy to get fired up about the latest outrage flavor of the week. Seriously, our national discussions the past few years remind me of middle-school drama, like being on a ship in a squall. The extreme rhetoric that seemingly never ends will leave any sane person dazed and confused. I know I’m not alone in this. As we turn the corner into 2019, I want to continue making a conscious effort to focus on and be grateful for the good things in life. This doesn’t come naturally for me — I wake up thinking there’s a vulture on the headboard rather than pondering the happy, boundless possibilities of the new day. Happy morning people are annoying! So, I have to be intentional about cultivating the discipline to “always look on the bright side of life”(Monty Python, anyone?). And it’s not as though I haven’t been greatly blessed. I live in the greatest country, have a loving family, tremendous clients, and an opportunity to be a force of good in the lives of others (and have others be such a force for me, as well). It’s just that life is wearisome sometimes, isn’t it? And it helps me tremendously to practice gratitude — to “give thanks in all circumstances,”as Paul wrote to the Thessalonians. And this is an ongoing process, not an instantaneous personality change. It’s kind of like the discipline I need to get into better shape. As you guys know from seeing me, I obviously love to eat. And exercise is a great idea — for other people. However, back in May, shortly after my son Pete got engaged, I saw myself in the engagement photos and thought, “Gee, I’m looking like Jabba the Hutt!”Not a good feeling. Amy

wasn’t pleased with the way she looked in the photos either, so we resolved to do something about it. Now, several months after getting on the ketogenic diet, I’ve lost around 30 pounds! The jury’s still out on whether or not it’s the miracle diet it’s often touted as. Along with calorie counting and just being more aware of what we take into our bodies, we can tell a difference not just in the way we look, but also in our mental and physical health. It’s funny how the encouragement resulting from changes like that cascades into other areas of life. Besides the keto, I’ve been trying to shift my media diet. I read a recent study concluding that people feel more depressed the more they are on Facebook. Twitter has become a snark-fest. Instead of gluing myself to social media for extended periods, I’ve been carving out hours for reading books and listening to audiobooks. Last year, I finished something like 85 books, ranging from Stephen King and Ayn Rand to topics like history, marketing, mindset, and spirituality. Getting into these healthier patterns has been just as transformative as cutting back on the calories — it’s incredible how much of a difference it makes just being intentional about what you do in your day-to-day. The world is crazy no matter where you stand, and life is often hard — that much is a fact — but trying to improve a couple of areas in my own life has given me a newfound sense of contentment, clarity, and, again, gratitude. Here’s hoping you all find something that offers the same comfort in this new year! Meanwhile, being a book-nerd, I’m always on the hunt for the next read. If you’ve got recommendations, please reach out!

–Jim Monast

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Get More Life Out of Your Windshield Wiper Blades

When was the last time you replaced your windshield wiper blades? If you’re like most people, you may not

• In cold weather, always clear your windshield of ice and snow before activating your wiper blades. Ice can shorten the life span of most wiper blades significantly.

• Every time you gas up your vehicle, take a moment to clean your windshield and the wiper blades. You can run the squeegee sponge over the wiper blade or use a paper towel.

remember. As a general rule of thumb, you should replace your wiper blades about once a year, assuming they’ve been through a normal level of wear and tear. However, with a few easy steps, you can make your blades

• Watch your washer fluid levels and top it off regularly. When you run a cleaning cycle without washer fluid, the wiper blades deteriorate.

How do you know when it’s time to replace your blades? The first sign is when they start streaking. However, in some cases, streaking may be caused by dirt or other grime stuck to the blades. If they continue to streak or skip after cleaning, they need to be replaced. Thankfully, wiper blades are typically the least expensive and easiest car part to replace. With this in mind, remember that you get what you pay for, and it pays to do research. There are many different blades on the market. Some are suited for icy conditions and some are designed for sunny weather. Take your time to read product descriptions to ensure you install blades that are right for your vehicle.

last longer without compromising visibility.

• Keep your windshield and wipers clean of debris, dirt, dust, and other particles. Anything on the window or the blades can cause damage. Simply wiping them off with a microfiber cloth can go a long way.


We have — and have had over the years —many fine, hardworking clients from Honda and its affiliate companies. Given their work, these folks get hurt a lot! One favorite, Jay Kneisley, was referred by several fellow line-workers in 2012 after sustaining seven — yes, seven — injuries he’d tried handling on his own! An inspiring, gracious, and humble man, Jay’s most serious injury had occurred in 1993, long before he sought legal advice. While doing the strenuous, repetitive work his job entailed, his wrist popped. He ultimately underwent a carpal tunnel release, had bone removed and a surgical fusion, extensive rehab, and ultimately another surgery for hardware removal. However, even with this debilitating injury, Jay eventually returned to work, suffering five more injuries over the ensuing 25 years — he had a relatively dinky injury in 1992 — until his wrist pain became too much.

and tried his best not to choke up talking about his dad, who

recently passed away. Following his service during the Korean War as a member of the U.S. Army, Douglas D. Kneisley returned to his native Marion,

OH. He is responsible for much of the phone service in Marion, having installed most of the telephone lines during his

44 years with GTE/Verizon. He taught his boys and grandchildren how to hunt and fish — and how to make deer jerky. Jay shared how his dad would set up targets backed by hay bales in the garage, and the boys would practice shooting their bows from across the street. Sometimes, the local police would stop by to chat and encourage the kids while all this was going on — everybody knew Doug and his boys. We’re so thankful for people like Doug and Jay who model decency, hard work, and self-sufficiency. We’re grateful for our small towns and neighborhoods where folks can be kind to one another, laugh and cry together, and just share life. We thank Doug Kneisley for his service to our country and for the legacy he has passed on to his children, grandchildren, and great grandson.

He took early retirement and settled his various claims. On

the plus side, he says he now gets to spend more time with his grandson.

It’s obvious where Jay got much of his grit. He came in recently to pick up his settlement check


The Supreme Court Muddies the Waters for Temporary Total Disability

For years, Ohio courts have held that an injured worker is entitled to temporary total disability (TTD) as long as they are disabled when they voluntarily leave their employment. But in a recent Ohio Supreme Court case, they held that claimants are now ineligible for TTD if they voluntarily remove themselves from their former position of employment for reasons unrelated to their injury — even if they remain disabled after they leave. In 2014, John Klein sustained a chest injury. His physician wrote him off work through an estimated Jan. 5, 2015. Prior to the injury, Klein had contemplated moving to Florida for the warmer climate, early bird specials, and better job opportunities. Two weeks after his Ohio injury, he informed the BWC of his new Florida address. The Industrial Commission awarded him TTD, but only through November 20, 2014 — the date that Klein left Ohio for Florida. TTD was denied after that date with the finding that Klein voluntarily quit for reasons unrelated to the allowed conditions, even though he was already disabled by his injuries before moving to Florida for better job opportunities. The Tenth District Court of Appeals overturned the Industrial Commission’s decision, citing previous supreme court cases clearly establishing that, if allowed conditions have already disabled someone from the job duties of the former position of employment, subsequent events are irrelevant. But the employer appealed to the supreme court, which reversed and overruled this long-established case law.

In effect, the court has turned voluntary abandonment into even more of a Rube Goldberg machine. After all, you cannot “abandon” something from which you’re already disabled as a result of a work injury. Klein was unable to work because of a chest injury. His move to Florida did not magically cure his chest injury, but the court

ruled that he could not continue to receive benefits to compensate for his lost wages.

If you’re confused by this ruling, you’re not the only one. This bad, poorly-reasoned decision by the Supreme Court further muddies the waters on what is already a confusing situation for injured workers. It’s the perfect example of a moment in which having a lawyer can make all the difference in your case. If you’ve been injured at work in Ohio, give me a call at 614-515-2595 today, and we’ll work to ensure that the same thing that happened to Klein doesn’t happen to you!



Inspired by Delish


• • • • •

8 slices brioche, 1/2-inch thick 1/4 cup creamy peanut butter

• • • • •

2 cups cornflakes

2 tablespoons unsalted butter

2 large eggs

2 cups mixed berries

1/8 cup heavy cream

Powdered sugar, to sprinkle Maple syrup, for serving

2 teaspoons pure vanilla extract


1. On a large baking sheet lined with wax paper, place 4 slices of brioche and spread 1 tablespoon of peanut butter on each. Cover with remaining slices, creating sandwiches. 2. In a pie plate, beat eggs with cream and vanilla. In another, coarsely crush the cornflakes. 3. Lightly soak sandwiches in the egg mixture, then dredge in cornflakes, pressing to adhere. Return to baking sheet. 4. In a large skillet over medium heat, melt 1 tablespoon butter. Once melted and up to temperature, add sandwiches, cooking on one side until golden and crisp, about 2–3 minutes. 5. Return sandwiches to baking sheet, add remaining butter, and repeat on other side. 6. Top sandwiches with berries, sprinkle with powdered sugar, and serve with maple syrup.

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Phone: 614-334-4649 5000 Arlington Centre Blvd. Bldg 2, Suite 2117 Upper Arlington, OH 43220-2913


Monday - Friday 8 a.m. to 5 p.m.


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Jim Monast Gets Intentional

Get the Most Out of Your Windshield Wiper Blades

Jay Kneisley and his Dad

A New Ruling Changes Temporary Total Disability

Peanut Butter and Berry French Toast

Have a Cold? Recover Faster!



During the winter months, colds and the flu can spread like wildfire. Getting sick at least once during the season can be hard to avoid, and once you are sick, you want nothing more than for it to be over and done. While there is no way to completely avoid getting sick, there are ways to speed up your recovery. Next time you’re suffering from a cold, try these remedies to get back on your feet a little bit faster.

making it an ideal tool for fighting the common cold. Some research even suggests that it can shorten flu symptoms by up to three days.

Eucalyptus If you’re suffering from congestion or can’t stop coughing, eucalyptus may offer the relief you’re looking for. Available in several different forms, including syrup, oil, and dried leaves, eucalyptus can be used as an expectorant or as a way to relieve a sore throat. When you’re at home and sick, try adding a few drops of eucalyptus oil to the water in a humidifier. The results are remarkably soothing! Zinc While many people turn to vitamin C to hurry through a cold, that’s not the supplement you should be focusing on. In fact, an overwhelming number of studies show that vitamin C does absolutely nothing to help shorten a cold. Instead, take zinc. You can find it as a nasal spray or lozenge, or even as part of a vitamin C supplement. One study published in the Annals of Internal Medicine found that those who took zinc reduced their recovery time from a cold by half. Cold symptoms among those taking a zinc supplement lasted about four days, while symptoms among those taking a placebo lasted about eight days.

Elderberry Syrup Also referred to as elderberry extract, this syrup is made from a plant called European elder. It can

be purchased at many health food stores or made at home (but use caution when doing this, since raw and undercooked elderberries are toxic). Many people swear by the berries’ability to ease congestion and relieve a number of other cold symptoms. Plus, elderberry syrup is known for having anti-inflammatory and antiviral properties,


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