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February 2016
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Comets clinch it See page 16
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Student charged for threat By Larry Limpf News Editor news@presspublications.com
Happy 105th birthday Henrietta Elliott celebrated her 105th birthday with a party at the Arbors of Oregon. Pictured beside her is her son James Howard. Also in attendance were Toledo Mayor Paula Hicks-Hudson, and Oregon City Administrator Mike Beazley who presented Elliott with a plaque and proclamations. (Press photo by Ken Grosjean)
Court upholds ruling
Employee is entitled to benefits
©2015 Hospice of Northwest Ohio
A former employee of Midwest Terminals of Toledo International, Inc. is entitled to unemployment compensation benefits after being dismissed without just cause, the Ohio Sixth District Court of Appeals has ruled, affirming decisions by a lower court and the Unemployment Compensation Review Commission. Otis Brown had worked as a skilled laborer at Midwest Terminals for 12 years and was fired in October 2013 for violating the company’s equipment abuse and misuse policy. The company claimed he improperly rode the brakes of an end loader throughout his 12-hour shift, causing damages of more than $24,000. Brown filed for unemployment benefits and a hearing was held before a UCRC hearing officer in February 2014. The commission found that Brown provided more credible firsthand sworn testimony. “He testified credibly that as soon as he saw the warning light at the end of his shift, he reported it to his supervisor and took the equipment to the shop as instructed,” court records say.
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...we may only reverse the UCRC if its decision is unlawful, unreasonable, or against the manifest weight of the evidence.
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By Larry Limpf News Editor news@presspublications.com
The company appealed the UCRC decision to the Lucas County Common Pleas Court which affirmed the commission’s decision in December 2014. The company then filed with the appeals court in January 2015 and the Department of Job and Family Services filed a brief in support of the lower court decision. The appeals court ruled its role is limited. “As a reviewing court, we may only reverse the UCRC if its decision is unlaw-
ful, unreasonable, or against the manifest weight of the evidence,” the court said. “Moreover, the UCRC is vested with the sole authority to make factual findings and determine the credibility of witnesses. Neither the lower court nor this court is permitted to weigh the evidence or substitute our judgment for the UCRC. Rather, our role is limited to determining whether the UCRC’s decision is supported by the evidence in the record. The same standard of review is shared by all reviewing courts, from the common pleas court through the Ohio Supreme Court.” The company had also contended the UCRC hearing officer didn’t give proper weight to a work order prepared by a service technician who repaired the brakes. The work order indicated on the day of the incident the brakes were dangerously hot and the problem was “due to operator not using machine properly.” While that evidence was introduced at the hearing the technician wasn’t called as a witness, according to court records. “We will not disrupt the hearing officer’s decision to accord more weight to claimant’s (Brown’s) live testimony over the appellant’s (company’s) hearsay evidence,” the court ruled.
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A student at Lake High School is being charged with inducing panic after allegedly sending an email threat to the school on Jan. 27. According to Lake Township police reports, the 15-year-old male, of Walbridge, used another student’s email account to send the message to the school email address of Lee Herman, high school principal. The message, which was sent around 11:15 a.m., said if the building wasn’t evacuated in 30 minutes, people could get hurt. Herman was off campus at the time and unable to access his account. He discovered the warning when he arrived home and checked his messages around 5 p.m., according to the school district administration. Police last week said K-9 units from several jurisdictions were used to search the high school and middle school buildings but a bomb wasn’t found. The suspect was identified that evening, according to police, and there were no injuries reported. “Upon finding the email, Mr. Herman’s handling of the situation was exemplary and we are very thankful for the positive relationship our schools share with the local safety departments,” a Jan. 28 message from Jim Witt, school superintendent, to parents says. One parent, who contacted The Press about the incident but asked to remain anonymous, said she was upset with how the district handled the situation, “What is upsetting about all of this is the principal not having access to his email until well after the fact that this could have been a horrific event,” she said. “I do not understand with today’s technology how someone with such responsibility goes that many hours on a school day without checking his school email account regardless of where he is at or what he is working on. Today’s ‘work world’ is not designed that way. “Lake schools send out text alerts for delays, basketball tickets, etc. Not one notification went out to parents concerning Continued on page 2
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of The Week
Maybe, when you hand-raise a bird there’s some artifact that is missing.
John Szozda See page 10