Navigating Ohio’s State Pension Funds: The Value of Decades of Experience

For injured employees in Ohio, the journey to securing benefits from the state’s pension funds — including the Police and Fire, Public Employees Retirement System (PERS), State Teachers Retirement System (STRS), School Employees Retirement System (SERS), and the Ohio State Highway Patrol Retirement System — is fraught with complexity and challenges. Each fund’s unique set of rules and procedures makes experienced legal representation not just beneficial but essential.

The stakes in these cases are high. Without knowledgeable guidance, injured employees face the risk of costly mistakes, such as application errors, missed deadlines, or inadequate appeals, which can result in the denial of rightful benefits. This not only poses immediate financial strain but can also have long-term consequences on one’s quality of life and ability to provide for their family.

For over 35 years, I have dedicated my practice to representing injured employees across Ohio, advocating for their rights and entitlements within these varied pension systems. My extensive experience has afforded me a deep understanding of each system’s intricacies, allowing me to navigate the complex legal landscape with precision and skill. This expertise is crucial in identifying and leveraging the nuances that can turn the tide in favor of my clients.

The importance of choosing the right legal representative cannot be overstated. The cost of going it alone or entrusting your case to someone less experienced can be not just financial but also personal, affecting your access to necessary medical care and your family’s well-being. My decades of experience mean that my clients do not just receive legal representation; they gain an advocate who is deeply invested in their success and well-versed in the challenges specific to Ohio’s state pension funds.

In conclusion, the process of securing benefits from Ohio’s pension systems requires more than just legal knowledge; it demands extensive experience and a personalized approach. With 35 years of experience representing injured employees, I bring both to the table, ensuring that my clients have the best possible chance of securing the benefits they deserve. If you’re navigating this complex process, know that you don’t have to do it alone. I am here to offer the guidance, support, and advocacy you need.

Hiring an Attorney

In a single lifetime;

Few men will ever align themselves with you.

Fewer men will ever go to a gunfight with you.

Even fewer men are willing to face death with you; should the occasion arise.

Choose wisely whom you trust to stand by your side…..

I saw this recently and had several thoughts about where it came from.  After concluding my thoughts, I had no idea.  It probably didn’t have anything to do with hiring a lawyer, but it might apply.

Was it a soldier?  A police officer? And my final response still was I don’t know.

When things are going badly, when you wake up in the middle of the night and your stomach is churning, and there is sweat on your upper lip and your heart is racing, you look around and see what friends who are there to support you.  If you have a serious legal matter, you know the feeling.

If I had a serious legal matter facing me, I would pick my lawyer very carefully.  I understand that when a client comes into my office with a piece of paper that would take away his or her livelihood, that this is an important time in my client’s life.

I look at the person across from me and ask myself the question who is the best person to represent him?

I have come up with the response that if I were in this situation that #1 I have to have an experienced attorney and #2 that I would be satisfied with my own representation.  There is no one who would work harder, care more and tell me the truth better than I will.

You cannot, repeat cannot, pay an attorney to learn his craft at the expense of you.  What do I mean?  Every lawyer has his first case.  Every lawyer goes to court and does not know the procedure, opposing counsel, the judge or what to do.  I was there, but I had very good teachers and I studied very, very hard.  Regardless, you should save this honor for someone else facing serious charges.  Client representation is serious business.  You should know that, and I absolutely know that.  I will not embarrass you or treat you badly.  I do not laugh at your situation.   I spent many years as a police officer, and many years as a defense attorney.  You pay for that experience.

I know my craft, and I offer you the services of my experience.  I will discuss the fees in this case at the first meeting.  If you cannot afford it, I understand.  I will still give you recommendations within the parameters of the law.

Public Employment and Drug Testing

In 2007 a Dayton Firefighter, acting under the Labor Agreement with the City of Dayton and his Union, submitted to a random drug test and allegedly tested positive. He attended a training course and went back to work. Several months later, he was called in and required to submit to a drug test and again allegedly tested positive. I use the term “allegedly” because neither my client nor I (nor any Board or Court) ever saw competent, admissible evidence that the urine was properly tested or any results interpreted.

His counsel entered a Plea of No Contest and he was terminated from his employment after 15 years of honorable and heroic service.

I was retained and appealed his case to the Dayton Civil Service Board, a three member panel of citizens charged with hearing employment issues for the City of Dayton. Their duty is to keep politics out of hiring at City Hall. They have a number of rules, including an evidentiary rule that requires evidence introduced at hearings to comply with the Rules of Evidence in Ohio Courts.

The City Attorney did not call the testing laboratory chemist who tested the urine, nor the doctor who interpreted the results as required by law. Two Human Resource employees who received the report testified as to what they thought the firefighter’s file revealed.

Some years ago, a local County Prosecutor and I travelled to New York City to take depositions in a testing laboratory in a drug case. I found the most deplorable conditions imaginable. Body fluids were not refrigerated, evidence tags were missing or torn, and employees were untrained.

Cross-examination of chemists in drug testing cases is absolutely mandatory.

The Civil Service Board unfortunately overruled my vehement objections and admitted the only evidence presented that this firefighter had violated a substance abuse policy—these flawed, unsubstantiated test results.

Unfortunately for the firefighter, this case wound slowly through the courts. We appealed the case to the Montgomery County Common Pleas Court, who upheld the termination.

The Second District Court of Appeals in July of 2011 overturned the lower court, agreed that this was merely hearsay and ordered the Court to return him to work. The City of Dayton Law Department unfortunately appealed the case to the Ohio Supreme Court, who agreed to hear the case.

After hearing oral arguments, the Supreme Court of Ohio decided on June 13, 2012 that they had improvidently accepted the case and returned the case to the Montgomery County Common Pleas Court to order the Firefighter’s reinstatement. The Civil Service Board complied with the Order.

On August 20, 2012, the Firefighter was returned to duty.

Employment issues, especially in public employment cases, are involved and require experienced attorneys.

Attorney Terry W. Posey has litigated many, many Civil Service/public employment cases.  Continued public employment for any employee is so serious that to enter a hearing of possible long-term consequences without an attorney is foolish.  We have seen employees enter a hearing with the belief that he/she would explain the facts and the employer would treat him/her fairly.  Such situations are sad.  Employers often have their own problems/agendas – public criticism, elected officials outside pressure and personal vendettas.  Call us for a free no-obligation meeting.

Auto Accidents

Dayton Victims Seek Auto Accident Lawyer

In Dayton and the surrounding area, auto accidents occur more frequently than you might think. Recovering from personal injuries from accidents on the road may take significant time and money. That’s why is it so important that you seek professional legal advice from a personal injury law firm dedicated to protecting your rights. The experienced auto accident lawyers at Posey and Caspar are available to offer a free case evaluation today.

Dayton Lawyers Handle More Than Car Accidents

An auto accident can involve any type of vehicle on the road. The auto accident lawyers at Posey and Caspar have years of experience handling all types of vehicle accidents including car wrecks, truck accidents, 18 wheeler accidents, motorcycle accidents and pedestrian accidents. If you have suffered personal injury as a result of any type of auto accident, please let us help you today.

Dayton Car Wreck Lawyers Battle Insurance Companies

Car Wreck lawyers specialize in battling insurance companies who fail to compensate you for the full value of your damaged vehicle or property. Don’t settle for the first offer the other party’s insurance company is willing to provide. You need the expert advice of our car wreck lawyers to ensure you receive proper settlement.

Dayton Lawyers Specialize in Truck Accidents

Truck accidents accounted for one fatality out of every eight traffic fatalities in 2011. The interstate commerce laws and restrictions which dictate safe operating procedures for trucks change frequently. Our experienced truck accident lawyers study these laws so they can represent your truck accident case with the utmost confidence.

18 Wheeler Accidents Cause Significant Damage in Dayton

Accidents involving 18 wheelers can cause significant property damage and personal injury, or even wrongful death. Careless or reckless driving, overtired drivers and poor road conditions all contribute to 18 wheeler accidents. An 18 wheeler accident lawyer can fight your case for you while you recover from injuries.

Personal Injuries and Motorcycle Accidents in Dayton

In Dayton, motorcylists are not required to wear protective helmets like they are in many other states. Motorcycle accidents can leave riders with permanent brain damage, broken limbs and hefty medical bills. If you have been in a motorcycle accident due to someone else’s reckless driving, you need our experienced motorcycle accident lawyers to represent you.

Dayton Pedestrian Accident Lawyers Know Your Rights

Pedestrians are protected within crosswalks and designated crossing areas as determined by city and state laws. If you are unsure of your pedestrian rights and have been injured by a vehicle on the road, contact our pedestrian accident lawyers immediately for a free case evaluation.

Auto Accident Lawyers in Dayton

Whether your personal injury is a result of an auto accident, car wreck, truck accident, 18 wheeler accident, motorcycle accident or pedestrian accident, our experienced personal injury lawyers can help. We make every effort to ensure your individual case receives the highest compensation possible. Our Dayton auto accident lawyers are ready to help you. Contact our talented personal injury lawyers for your free auto accident case evaluation today .