Sue A. Roudebush

Sue practices employment law focusing on workers’ compensation and OSHA law and procedure. She represents self-insured and state-funded employers during all stages of their workers’ compensation matters, including claims investigation and management, administrative hearings, litigation, appeals on mandamus before the Court of Appeals and the Supreme Court of Ohio, and settlement.

COVID-19 Management Counseling
Helped clients understand their legal obligations under new labor and employment laws passed in response to the COVID-19 pandemic. Drafted work-from-home, leave, and reopening policies; advised on mass layoff obligations, terminations, furloughs, unemployment issues, and alternative work arrangements; and recommended best practices for essential workers, safe reopening, employee testing and health assessments, employee travel, and face covering requirements.

Workers’ Compensation Settlement Defense
Represented a medical center in defending a workers’ compensation settlement that was challenged by an employee, who, despite agreeing to the settlement, argued that the settlement amount was insufficient to cover their interests for the reimbursement of medical costs. Defended this settlement in front of the Ohio Industrial Commission, which is the adjudicating body of the Ohio Bureau of Workers’ Compensation, allowing the medical center to leave its fully negotiated settlement agreement intact.

Testimony Before The Ohio Senate
Testified before the Ohio Senate on behalf of an Ohio business trade organization regarding House Bill 308, which impacts workers’ compensation benefits for first responders diagnosed with post-traumatic stress disorder due to their employment.

Corporate Employment Reorganization
Implemented a corporate reorganization for a privately owned retailer operating in numerous states. This involved merging approximately 13 corporations out of existence and establishing one consolidated entity to employ all Ohio employees. Work was completed in five business days due to the impending close of the client’s fiscal year.

Breach of Fiduciary Duty Under Workers’ Compensation
Defended a client against a claim of breach of fiduciary duty under Ohio workers’ compensation laws governing self-insured employers. Secured a favorable settlement and avoided re-opening workers’ compensation claims against the client.

Protection of BWC Funds
Pursued injunctive relief against the Ohio Office of Budget and Management (OBM) on behalf of several national and state trade associations to prevent the OBM from using up to $2 billion in Ohio Bureau of Workers’ Compensation funds for state purposes. Secured memorandum of understanding on behalf of the associations prohibiting the OBM from raiding the funds and preventing other state agencies from taking similar action in the future.

Cost Control on Workers’ Comp Claims
Used both aggressive and strategic techniques to help a new client with multiple derailed claims get their claims costs under control. For example, fighting to have only the necessary treatment allowed and unrelated conditions denied, we successfully argued that an injured worker had reached Maximum Medical Improvement (MMI) to terminate compensation. Out of options, the injured worker ultimately settled her claim.

Temporary Total Compensation Termination
Successfully terminated temporary total compensation causing an overpayment of almost $20,000 through the use of external surveillance and social media.

Reduction of School District’s Liability
Worked with the Ohio Attorney General’s Office to reduce a school district’s liability for a common pleas court settlement to zero dollars. The school district paid nothing to have the case dismissed with prejudice and did not suffer any effect on its premiums as a result.

Case Dismissal
Persuaded several Ohio courts to dismiss cases on the merits through Motions for Summary judgment for reasons such as failure to attend depositions, failure to respond to timely response to discovery, and failure to exhaust administrative options.

Protection of Ohio Employer Rights
Advise employer organizations on the potential impact of House and Senate bills, as well as rule-changes proposed by the Ohio Bureau of Workers’ Compensation and Industrial Commission of Ohio. This involves consulting with the Ohio Bureau of Workers’ Compensation on behalf of employer organizations to draft and revise rules that protect the rights of Ohio employers.

BWC Adjudicating Committee
Successfully argued cases before the Ohio Bureau of Workers’ Compensation’s Adjudicating Committee on independent contractor issues, re-rates due to gross misrepresentation, and improper application of BWC rules.

Ohio Senate Advocacy
Participated in Senate meetings and provided information to various statewide employers’ organizations regarding recent legislation.

• Speaker, “Is my Employee Under the Influence? Employer Drug-Testing Post Marijuana Legalization,” OSHA Safety Day 2024, The Ohio State University, Columbus OSHA Office and American Society of Safety Professionals, February 2024
• Speaker, “Let’s Be Blunt – Do’s & Don’ts for Ohio Employers After Marijuana Legalization,” 21st Annual Construction Safety Day Conference & Expo, Associated Builders & Contractors, Ohio Valley Chapter, January 2024
• Speaker, “Injury Alphabet Soup,” Associated Builders & Contractors, Central Ohio Chapter, January 2024
• Speaker, “Injury Alphabet Soup,” American Society of Safety Professionals, Central Ohio Chapter, November 2023
• Speaker, “Unpacking the Risk of a VSSR from your Safety Toolbox,” Taft Workers’ Compensation Seminar, October 2023
• Speaker, “VSSR: What is it and how to defend against one,” Ohio State Bar Association, June 2023
• Speaker, “The Confusion in Eligibility for TTD Benefits Continues,” Dayton Bar Association, May 2023
• Speaker, “OSHA – What happened in 2022 and what to expect in 2023,” Taft Labor & Employment Seminar, April 2023
• Speaker, “Drug Testing and the Workers’ Compensation System,” Ohio Manufacturers’ Association, August 2022
• Speaker, “Got Remote Employees? Best Practices to Avoid remote workers’ compensation injuries,” Greater Cincinnati Human Resources Association, July 2022
• Panelist, “Alphabet Soup: ADA, FMLA and Workers’ Compensation,” April 2022
• Author, “Rebuttable Presumption,” The Human Resource People, January 2022
• Speaker, “Defending Employers Against Workers’ Compensation Claims,” OMLA November 2021
• Speaker, “Navigating the FMLA and ADA in Ohio Workers’ Compensation Claims,” Ohio Manufacturers Association, October 2021
• Author, “Reducing Workers’ Compensation and OSHA Liability During COVID-19 and Beyond,” American Health Law Association Journal of Health and Life Sciences Law, July 2021
• Speaker, “Navigating FMLA, ADA and OSHA in Ohio Workers’ Compensation Claims,” Ohio Safety Congress & Expo, March 2021
• Speaker, “Impact of COVID on Hospitals as Employers,” Ohio Society of Health Care Human Resources Administrators Fall Conference, October 2020
• Speaker, “BWC fraud: What to know and how to avoid it,” Cambridge Area Chamber of Commerce – Coffee & Commerce, September 2018