Will advises clients across a broad spectrum of industries, including those in the construction, courier, employee leasing, food, health care, home products, hotel, interstate trucking, metalforming, mining, oil and chemical, packaging, plating, steel, warehousing and distribution, wire and other related manufacturing and service industries. He also has extensive public sector workers’ compensation representation experience. Will’s experience and knowledge has enabled him to successfully represent employer interests at every level of the Ohio Industrial Commission and Bureau of Workers’ Compensation, as well as before the Occupational Safety and Health Review Commission. Will has also tried and argued employment litigation cases on behalf of management before trial and appellate courts throughout Ohio.

Will has been selected for inclusion in The Best Lawyers in America© (2011-2018) for Workers' Compensation Law - Employers. He was previously recognized as a Best Lawyers "Lawyer of the Year" 2013 in Cleveland for Workers' Compensation. He is routinely named to the Ohio Super Lawyers List, most recently in 2018 for Workers' Compensation. Will has an AV Preeminent Rating from Martindale-Hubbell and has been listed in “Corporate Counsel’s Top Rated Lawyers Guide to Labor and Employment Law.”

Will’s state responsibilities include serving on and being the past chair of the Ohio Workers’ Compensation Attorney Specialist Certification Board, acting as one of two employer representatives on the Bar Association’s Liaison Subcommittee to the Industrial Commission of Ohio, and having served as past chair of the Ohio State Bar Workers’ Compensation Law Committee. He is a fellow of the Ohio State Bar Foundation, an elected member of the Council of Delegates and a charter member of the Ohio Management Lawyers Association. Will is also an active member of and presenter for the Self-Insurers Group of Ohio (SIGO).

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Will’s national responsibilities include being a past president and charter member of the National Workers’ Compensation Defense Network (NWCDN) and sitting on the American Bar Association’s OSHA and Workers’ Compensation Subcommittees. In 2007 he was inducted as a fellow in the inaugural class of the ABA College of Workers’ Compensation Lawyers.

Will is a frequent author and speaker on employer liabilities, including serving as a guest lecturer at Case Western Reserve University School of Law. Will joined Calfee in 1982.

Professional Associations and Positions

  • American Bar Association’s OSHA Subcommittee, Member.
  • American Bar Association’s Workers’ Compensation Subcommittee, Member.
  • Cleveland Metropolitan Bar Association Workers’ Compensation Committee, Member.
  • Cuyahoga County Court of Common Pleas Civil Justice Improvement Committee, Member.
  • National College of Workers’ Compensation Lawyers, Charter Fellow.
  • National Workers’ Compensation Defense Network (NWCDN), Charter Member and Past President.
  • Ohio Management Lawyers Association, Charter Member.
  • Ohio State Bar Association Council of Delegates, Cuyahoga County Representative.
  • Ohio State Bar Association Workers’ Compensation Committee, Member and Past Chair.
  • Ohio State Bar Association’s Liaison Subcommittee to the Industrial Commission of Ohio, Employer Representative.
  • Ohio State Bar Foundation, Fellow.
  • Ohio Workers’ Compensation Attorney Specialist Certification Board, Member and Past Chair.
  • Trustee, Sons of the American Revolution, Western Reserve and Fincastle Resolution (VA) Chapters, Dual Member.

Publications (Since 2001)

  • Contributor, “16 Legal Tips: Handling OSHA Citations the Right Way,” Intelivert, March 22, 2016.
  • “Court Upholds Independent Contractor Status of Delivery Truck Driver,” Calfee First Alert, August 25, 2015.
  • “New OSHA Reporting Requirements Come With a Catch?,” Calfee First Alert, March 10, 2015.
  • “Ohio says NO to ‘Dual Purpose’ Doctrine,” Calfee First Alert, November 6, 2014.
  • “Ebola: Lessons for Employers,” Calfee First Alert, October 24, 2014.
  • NWCDN Update - What’s New in Ohio “Bureau of Workers’ Compensation Folds in Group Rating Lawsuit, But Remains Predominant Player in Ohio’s Monopolistic Comp ‘Casino’” Calfee Update, September 2014.
  • “Federal Court Finds No Racketeers in the Michigan Workers’ Disability Compensation System,” Calfee First Alert, January 6, 2014.
  • “6th Circuit Refuses Mine Operators’ Request to Stay Application of MSHA’s New ‘Pattern of Violations’ Rule,” Calfee First Alert, December 18, 2013.
  • “Parking Lot Slips, Falls and the ‘Coming-and-Going Rule’: Is Your Parking Lot Within the Zone of Employment?,” Calfee First Alert, December 2. 2013.
  • “Ohio Supreme Court Limits Workers’ Compensation Psychological Allowances,” Calfee First Alert, July 30, 2013.
  • “Spring Cleaning: Handbook Policies and Employer Defenses Under the Workers’ Compensation Law of Ohio,” Calfee First Alert, May 8, 2013.
  • “Ohio Supreme Court Clarifies ‘Successor Liability’ In Workers’ Compensation,” Calfee First Alert, March 12, 2013.
  • “Court Rules That Ohio BWC Illegally Overcharged Non-Group Rated Employers,” Calfee First Alert, January 4, 2013.
  • “Other Shoe Drops’ on Intentional Tort Plaintiffs,” Calfee First Alert, December 12, 2012.
  • “Ohio Supreme Court Clarifies Scope of ‘Deliberate Removal of an Equipment Safety Guard’ Presumption for Employer Intentional Torts,” Calfee First Alert, November 21, 2012.
  • “Ohio Supreme Court Clarifies Scope of Workers’ Compensation Appeals in Common Pleas Court” Calfee First Alert, July 29, 2011.
  • “Ohio Supreme Court Closes Workers’ Compensation Retaliation ‘Gap,’ ” Calfee First Alert, June 23, 2011.
  • “OAC 4123:1 Compliance: Injuries Happen... But Don't Get Penalized”! Calfee First Alert, April 7, 2011.
  • “Legislative Scrutiny of Classification of Workers as Contractors” Calfee First Alert, January 19, 2011.
  • “So You Won In Court,” Workers Compensation Journal of Ohio, September 15, 2010.
  • “Calfee Prompts Revision and Leniency in Ohio BWC’s Premium Payment Due Date Policy,” Calfee Update, May 17, 2010.
  • “Litigating Employment Terminations in the Industrial Commission Hearing Room,” Cleveland Metropolitan Bar Association Bar Journal, May, 2010.
  • “The Kaminski Decision and Employment Intentional Torts: The End of the Saga?,” Calfee Update, March 25, 2010.
  • “Calfee Workers’ Compensation Lawyers Win Trio of Important Cases,” Calfee Update, March 3, 2010.
  • “Ensuring the Admissibility of Your Expert Testimony: Beyond the IME Report,” Workers’ Compensation Journal of Ohio, February, 2010.
  • “What’s New in Ohio,” Calfee Update, October, 2009.
  • “What’s New in Ohio,” Calfee Update, June 18, 2009.
  • “More Decisions of the Full Industrial Commission,” Workers’ Compensation Journal of Ohio, June, 2009.
  • “New Workers’ Compensation Medicare Reporting Requirements,” Calfee First Alert, May 21, 2009.
  • “Ohio BWC’s Last Minute Rate ‘Reform’,” Calfee First Alert, April 3, 2009.
  • “What’s New in Ohio,” Calfee Update, March 11, 2009.
  • “Ohio Legislature Voids Cuyahoga County Ruling on BWC Group Rate Plan,” Calfee First Alert, January 29, 2009.
  • “Court Issues Injunction Against Ohio BWC’s Group-Rating Plan for 2009,” Calfee First Alert, November, 2008.
  • “Industrial Commission Decisions Secreted Under S.B. 7,” Workers’ Compensation Journal of Ohio, October, 2008.
  • “Employee” v. “Independent Contractor,” Workers’ Compensation Journal of Ohio, April, 2008.
  • “S.B. 7 v. Rule 41(A),” Workers’ Compensation Journal of Ohio, December, 2007.
  • “Injuries Can Send Workers’ Comp Rates Soaring,” Workers’ Compensation Journal of Ohio, April, 2007.
  • “Is Coolidge ‘Deep Fried?,’ Workers’ Compensation Journal of Ohio, January/February, 2007.
  • “Is Retrospective Rating Returning to Fashion?,” Workers’ Compensation Journal of Ohio, October, 2006.
  • “When Outdoors Becomes Indoors: ‘Workshop and Factory’ Specific Safety Regulations May Apply to Surface Mine Employees and Other Outdoor Workers,” Workers’ Compensation Journal of Ohio, February, 2006.
  • “Admissibility and Impact of OSHA Citations in Ohio Intentional Tort Litigation,” Workers’ Compensation Journal of Ohio, June, 2005.
  • “Governor Taft Signs Employment ‘Intentional Tort’ Reform Law,” Workers’ Compensation Journal of Ohio, February, 2005.
  • “Ohio Supreme Court Issues Stunning Rating Decision," Calfee First Alert, January 18, 2005.
  • “TPA Workers’ Comp. Representation Allowed Within Defined Parameters,” Calfee First Alert, December 16, 2004.
  • “Appeals Pursuant to R.C. 4123.512: How De Novo Are They?,” Workers’ Compensation Journal of Ohio, December, 2004.
  • “Workers’ Comp. TPA Practices Found to be Unauthorized Practice of Law,” Calfee First Alert, May 21, 2004.
  • “Court Denies Reconsideration of its Decision Taking Away Companies’ Right to Terminate Employees on Workers’ Compensation Leave,” Workers’ Compensation Journal of Ohio, April, 2004.
  • “ ‘Coolidge’: Unanswered Questions About Workers’ Comp Leave,” Ohio Lawyers Weekly, February, 2004.
  • “Workers’ Complication,” Smart Business Cleveland Magazine, February, 2004.
  • “Court Denies Reconsideration of its Decision Taking Away Companies’ Right to Terminate Employees on Workers’ Comp. Leave,” Ohio Lawyers Weekly, January, 2004.
  • “Medicare Limits Workers’ Compensation Settlements Requiring a Set-Aside Allocation,” Workers’ Compensation Journal of Ohio, August, 2003.
  • “Workers’ Compensation Premiums Skyrocket,” Calfee First Alert, August, 2003.
  • “A Different Perspective on the Supreme Court’s Drug Testing Decision: Little Practical Effect for Industrial Commission Hearings?” Workers’ Compensation Journal of Ohio, April, 2003.
  • “New Workers’ Compensation Subrogation Law,” Calfee First Alert, December, 2002.
  • “Medicare Secondary Payer Considerations in Workers’ Compensation Settlements,” Workers’ Compensation Journal of Ohio, December, 2001.

Presentations (Since 2001)

  • “OSHA Inspections with Update on New Penalties and New Procedures,” Northeast Ohio Safety Council Fiscal Meeting, June 8, 2016.
  • Moderator: Case Studies and the “Future of Healthcare,” Calfee/ProMedica Seminar, October 29, 2015.
  • NWCDN Nashville Conference, MSA Panel, Moderator, June 17, 2015.
  • “The Psychological/Psychiatric Allowance,” Akron Bar Association, May 15, 2015.
  • “Defending the Psychological Claim,” Self-Insuring Group of Ohio (SIGO), February 13, 2015.
  • “Managing the Workplace Crisis,” Global Center for Health Innovations, May 1, 2014.
  • “Employer Intentional Torts -- End of an Era?”, Calfee Employment Law Seminar, April 18, 2013.
  • “National Workers’ Compensation Issues,” Self Insured Group of Ohio, September 20, 2012.
  • “OSHA’s New Focus on Employers’ Safety Performance Programs,” Ohio Manufacturers Association Safety and Workers’ Compensation meeting, Columbus, Ohio, June 21, 2012.
  • “Thinking Outside the Workers’ Compensation Box,” National Workers’ Compensation Defense Network Seminar, New Orleans, Los Angeles, June 7, 2012.
  • “Thinking Outside the Workers’ Compensation Box,” moderator, Calfee Breakfast Series, May 24, 2012.
  • “OSHA Enforcement Update,” Calfee, Halter & Griswold Breakfast Series, December 8, 2011.
  • Calfee, Halter & Griswold Workers Compensation Seminar - Panel Discussion with BWC Administrator, Stephen Buehrer, October 13, 2011.
  • Update on “Employer Intentional Tort Liability, ” Case Western Reserve University School of Law Lecture, November 11, 2010.
  • “FMLA/ADA/Workers' Compensation: ‘Bermuda Triangle’ Revisited,” Update on Workers’ Compensation and Related Issues Seminar, Cleveland, OH, May 20, 2010.
  • “Erosion of the Exclusive Remedy Doctrine,” American Bar Association Annual Workers’ Compensation Conference, Phoenix, AZ, March 4-6, 2010.
  • “Strategies and Tactics in the Hearing Room,” Cleveland, OH, November 19, 2009.
  • “OSHA Under The New Administration - Inspection Priorities, Recommended Employer Responses, and New Initiatives,” 27th Annual National Workers' Compensation and Occupational Medicine Conference, Hyannis, MA, July 20, 2009.
  • Coffee with Calfee Workplace Breakfast Series, Speaker, 2008.
  • “Intentional Tort/Employers Liability Law in Ohio,” Case Western Reserve University School of Law Lecture, November 26, 2008.
  • “OSHA Inspections and OSHA Update,” COSE and Calfee Workers’ Compensation Seminar, Independence, OH, November 14, 2008.
  • “Employment Law Issues in the Industrial Commission Hearing Room,” Akron Bar Association’s 14th Annual Workers’ Compensation Law Seminar, Las Vegas, NV, May 24, 2008.
  • “Construction Industry OSHA Inspections,” Construction Safety Council of NE Ohio, May 20, 2008.
  • “VSSRs - Evidence Issues,” Akron Bar Association’s 13th Annual Workers’ Compensation Law Seminar, Las Vegas, NV, May 18, 2007.
  • “Potential Conflict and Overlap Between OSHA and State VSSR Regulations in the Construction Industry,” CEA Workers’ Compensation Committee Meeting, January, 2007.
  • “Intentional Tort/Employers Liability Law in Ohio,” Case Western Reserve University School of Law Lecture, November 30, 2006.
  • “Workers’ Compensation Reform Bill Update,” Cleveland, OH, November 16, 2006.
  • “Medicare Set-Aside Obligations in Workers’ Compensation Settlements,” Self-Insured Group of Ohio Meeting, Independence, OH, January 18, 2006.
  • “Medicare Update,” Self Insured Group of Ohio, November 28, 2005.
  • “Direct Examination of Medical Expert Witnesses,” National Workers’ Compensation Defense Network Seminar, Covington, KY, November 3, 2005.
  • “Workers’ Compensation Update,” Greater Cleveland Auto Dealers Association Meeting, Strongsville, OH July 20, 2005.
  • “Occupational Safety and Health Administration Law,” Akron Bar Association’s 11th Annual Workers’ Compensation Law Seminar, Las Vegas, NV, May 20, 2005.
  • “Impact of OSHA Citations in Workers’ Compensation and Intentional Tort Cases,” ABA-Joint Conference, OSHA & Workers’ Compensation Committees, Key West, FL, March 3, 2005.
  • “Legal Issues Affecting the Practice of Occupational Medicine,” Western Reserve Medical Directors’ Association Program, Akron, OH, January 20, 2005.
  • “Briefing on Ohio Bureau of Workers’ Compensation MIRA Reserving System,” Construction Employers Association Seminar, Independence, OH, January 11, 2005.
  • “OSHA Law and Procedure,” OSBA “Filling in the Gaps” Seminar, Ohio State Bar Association, Columbus, OH, September 28, 2004.
  • “Cleveland Bar v. CompManagement Case,” Calfee Labor & Employment Seminar, Cleveland, OH, September 22, 2004.
  • “Occupational Safety and Health Administration Law,” Akron Bar Association’s 10th Annual Workers’ Compensation Seminar, Las Vegas, NV, May 14, 2004.
  • “Medicare Set-Asides,” Workers’ Compensation Forum Seminar, Independence, OH, April 22, 2004.
  • “Safeguarding the Employer,” Tour Di OSIA, OSIA Annual Conference, Columbus, OH, June 20, 2003.
  • “OSHA Update,” Ohio State Bar Association, Cleveland, OH, October 16, 2002.
  • “Medicare Secondary Payer Considerations in Workers’ Compensation Settlements,” Self Insured Group of Ohio, March 13, 2002.

 
Representative Cases
Ohio Supreme Court and Federal Cases

  • State, ex rel. BF Goodrich Company v. Industrial Commission, Case No. 13AP001056 Cofa, 10th Dist., Franklin County
  • State of Ohio, ex rel. the K&D Group, Inc. v. Administrator, Bureau of Workers’ Comp., Sup. Ct. of Ohio, (No. 2011-1918)
  • State ex rel. Galligan v Indus. Comm., et al., 124 Ohio St.3d 233, 921 N.E.2d 231, 2010 WL 45992, 2010-Ohio-3, Ohio, January 06, 2010 (No. 2009-0141, 4331)
  • State ex rel. United Screw & Bolt Corp. v. Indus. Comm., 84 Ohio St.3d 28, 701 N.E.2d 699, 1998 WL 785797, 1998 -Ohio- 711, Ohio, November 25, 1998 (No. 96-2183)
  • State ex rel. Erico Products, Inc. v. Indus. Comm., 70 Ohio St.3d 661,640 N.E.2d 824, 1994 WL 589642, 1994 -Ohio- 155, Ohio, November 09, 1994 (No. 93-1890,8377)
  • Waller v. Mayfield, 37 Ohio St.3d 118, 524 N.E.2d 458, 1988 WL 56915, Ohio, June 08, 1988 (No. 87-456)
  • M.P.C. Plating, Inc. v. N.L.R.B., 953 F.2d 1018, 1992 WL 3391, 139 L.R.R.M. (BNA) 2259, 120 Lab.Cas.P 11,060, C.A.6, January 14, 1992 (No. 91-5608)
  • M.P.C. Plating, Inc. v. N.L.R.B., 912 F.2d 883, 1990 WL 126185, 135 L.R.R.M. (BNA) 2377, 116 Lab.Cas. P 10,284, C.A.6, September 04, 1990 (No. 89-6040, 89-5869)

Other Ohio Courts

  • Leonard Barcus v. Stephen Buehrer, Administrator , 10th Dist. September 17, 2015, (No: 14AP000942)
  • Michelle Evans v Indus. Comm., 10th Dist., July 2, 2013, (No. 13AP568)
  • Marrero v Blaze Constr., 2009 WL 546650, 2009-Ohio- 965, Ohio App. 8 Dist., March 05, 2009 (No. 91660)
  • State ex rel. Galligan v Indus. Comm., 2008 WL 5160170, 2008 -Ohio- 6426, Ohio App. 10 Dist., December 08, 2008 (No. 08AP-36)
  • State ex rel. Meridia Health Sys. v. Indus. Comm., 2008 WL 5064920, 2008 - Ohio- 6222, Ohio App. 10 Dist., December 02, 2008 (No. 07AP-826)
  • Roberts v. Republic Storage Sys., 2006 WL 2257005. 2006 -Ohio- 4069, Ohio App. 5 Dist., August 07, 2006 (No. 2006CA00003)
  • State ex rel. Stouffer Corp. v. Industrial Comm’n of Ohio, 2002 WL 1934279, 2002 -Ohio- 4297, Ohio App. 10 Dist., August 13, 2002 (No. 01AP-1425)
  • State ex rel. Ignatious v Industrial Com’n of Ohio, N.E.2d, 2002 WL 1813458, 2002 - Ohio- 4014, Ohio App. 10 Dist., August 08, 2002 (No. 01AP-982)
  • Allen v. Conrad, 141 Ohio App.3d 176, 750 N.E.2d 627, 2001 WL 69102, Ohio App. 8 Dist., January 25, 2001 (No. 77401)
  • Russell v Dreis and Krump Mfg. Co., 1998 WL 488244, Ohio App. 9 Dist., August 12, 1998 (No. 97CA0067)
  • Williams v. Republic Storage Systems Co., 1997 WL 115881, Ohio App. 5 Dist., February 03, 1997 (No. 1996 CA 00144)
  • Hartsock v. Morrison Products, Inc., 1996 WL 157362, Ohio App. 8 Dist., April 04, 1996 (No. 69701)
  • Mina v. Southwest General Hosp. 1995 WL 491126, Ohio App. 8 Dist., August 17, 1995 (No. 67766)
  • Marker v Fraley & Shilling, 1995 WL 338608, Ohio App. 7 Dist., June 02, 1995 (No. 94-J-26)
  • Kenny King Corp. v Mihm, 1993 WL 112499, Ohio App. 10 Dist., April 08, 1993 (No. 92AP-1074)
  • Butler v. Cotter & Co., Inc., , 1990 WL 14110, Ohio App. 8 Dist., February 15, 1990 (No. 58178)
  • Hartzell Propeller, Inc. v. Ohio Bur. Of Emp. Serv., 65 Ohio App.3d 575, 584 N.E.2d 1263, 1989 WL 253871, Ohio App. 10 Dist., December 12, 1989 (No. 8722, 89AP-641)
  • Alexander v. American Spring Wire., 1988 WL 112874, Ohio App. 8 Dist., October 20, 1988 (No. 53384)
  • Dautas v. Mayfield Country Club, 1988 WL 86306, Ohio App. 8 Dist., June 23, 1988 (No. 55026)
  • Knodel v. First Nat. Supermarkets, Inc., 1987 WL 27854, Ohio App. 5 Dist., December 07, 1987 (No. CA-7270)
  • First Nat. Supermarkets, Inc. v Knodel, 1987 WL 9845, Ohio App. 8 Dist., April 16, 1987 (No. 52890)
  • Mikalouski v. AMAC Enterprises, Inc. 1986 WL 13610, Ohio App. 8 Dist., November 26, 1986 (No. 52201, 52219)
  • Boscovic v. Board of Review, Ohio Bureau of Employment Services, 1986 WL 10011, Ohio App. 11 Dist., September 12, 1986 (No. 11-090)
  • The State of Ohio on Relation of Lisa Y. Turner v. the Industrial Commission of Ohio 1985 WL 10181, Ohio App. 10 Dist., September 26, 1985 (No. 84AP-714)
  • Nay v. Administrator, Ohio Bureau of Employment Services, 1984 WL 4041, Ohio App. 9 Dist., November 28, 1984 (No. 3665)
  • State ex rel. Haddox v. Indus. Comm., 2011 WL 3451706, 2011 - Ohio- 3923, Ohio App. 10 Dist., August 09, 2011 (No. 10AP-152)
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Contact Will

Practice Areas

Education

  • Marshall-Wythe School of Law of the College of William and Mary, J.D., Law Review, 1982
  • University of Virginia, Woodrow Wilson School of Government and Foreign Affairs, B.A., cum laude, 1979

Admissions

  • State of Ohio
  • U.S. District Court (Northern District of Ohio)
  • U.S. Court of Appeals for the Sixth Circuit

Contact Will

  • wross@calfee.com
  • 216.622.8221
  • vCard

Practice Areas

  • Workers’ Compensation and OSHA
  • Labor and Employment
  • Labor and Employment Litigation

Education

  • Marshall-Wythe School of Law of the College of William and Mary, J.D., Law Review, 1982
  • University of Virginia, Woodrow Wilson School of Government and Foreign Affairs, B.A., cum laude, 1979

Admissions

  • State of Ohio
  • U.S. District Court (Northern District of Ohio)
  • U.S. Court of Appeals for the Sixth Circuit