The Board of Professional Conduct of the Supreme Court of Ohio is recommending that a lawyer who allegedly stole comp payment funds from clients be permanently disbarred, according to a ruling filed Monday.
Brian Wade Harter, a Columbus, Ohio, lawyer who represented injured workers and those involved in personal injury litigation since 1991, allegedly violated the state’s Rule of Professional Conduct on numerous occasions documented in the 27-page court ruling.
In one count, he allegedly cashed a check issued by the Ohio Bureau of Workers Compensation and lied about where the money went, including a story about his ex-wife breaking into his car and stealing his briefcase, which contained $3,500 cash owed to the injured worker.
In another count, Mr. Harter allegedly shortchanged one injured worker, claiming he was holding onto the money to pay a “potential medical bill,” court records state.
A list of violations included actions that resulted in harm of injured workers, including one instance where a man went “many months without medical treatment because (Mr. Harter) failed to take the necessary steps with the treating physician and (the Bureau of Workers Compensation) to obtain approval for his treatment.”
In addition to a permanent disbarment, the board also recommended Mr. Harter be ordered to pay back his former clients and to pay for all court proceedings, a sum of which was undisclosed.
Legislation to update Kentucky’s workers compensation system is now in the works one year after a similar measure failed and after more than two decades of little reform.