2000 Ohio Supreme Court Workers' Compensation Decisions
This page lists Ohio Supreme Court workers' compensation decisions from
2000. Decisions which adopt the decision of a lower court or
Magistrate, or which decide a case based on a previous decision, are
excluded. Click on the case name to read the decision on the
Ohio Supreme Court's web site.
December 2000
December 27
Temporary
Total: For an offer of suitable work within the injured worker's
physical abilities to justify termination of temporary total, the offer
must be clearly within the worker's medical restrictions.
Vote: 5-0, 2 concur in part and dissent in part
Opinion by: Per Curiam
Amputation
Award: Injured worker who suffers ankylosis of the toes is eligible for
loss of use award, but must prove that the ankylosis caused a total
loss of use to receive the award.
Vote: 7-0
Opinion by: Per Curiam
Injury: Self-insurer did not allow claim for additional condition where it did not so indicate on C-174 form.
Vote: 5-2
Opinion by: Per Curiam
December 20
Temporary
Total: Issue of what conditions had been allowed must be clarified
before Court can determine whether or not request for temporary total
was based on non-allowed conditions where there was confusion over what
conditions had been allowed.
Vote: 7-0
Opinion by: Per Curiam
Medical: Commission has jurisdiction to rule on claim for medical services and approve or deny medical treatment.
Vote: 5-2
Opinion by: Justice Lundberg Stratton
December 13
Wage
Loss: Wage loss compensation is paid on a weekly basis, by comparison
of the pre-injury average weekly wage with the actual earnings for the
week in question, rather than by a comparison with the post-injury
average weekly wage.
Vote: 7-0
Opinion by: Per Curiam
November 2000
November 15
Mandamus:
Issues of dependency under R.C. 4123.59 and 4123.60 are not appealable
to Court under R.C. 4123.512, but must be challenged by mandamus.
Estate of injured worker is entitled to accrued but unpaid benefits.
Vote: 5-2
Opinion by: Justice Pfeifer
November 8
VSSR: Evidence supported Commission's decision to deny VSSR claim.
Vote: 7-0
Opinion by: Per Curiam
Continuing
Jurisdiction: There was no basis for the Commission to exercise
continuing jurisdiction because none of the requirements for exercise
of continuing jurisdiction existed.
Vote: 7-0
Opinion by: Per Curiam
Wage
Loss: Payment of wage loss compensation by self-insurer did not bar
Commission from terminating wage loss compensation on any date
supported by "some evidence", even if self-insurer had paid wage loss
compensation after that date.
Vote: 5-2
Opinion by: Per Curiam
VSSR:
Where injured worker's supervisor provided affidavit supporting injured
worker's VSSR claim, affidavit was "new and additional evidence" which
supported Commission decision to grant rehearing. However, because
Commission's order did not understandably explain decision, Commission
must issue new order containing adequate explanation.
Vote: 7-0
Opinion by: Per Curiam
October 2000
October 25
Misc:
Challenge to 4123.522 order is properly brought in mandamus, not by
4123.512 appeal. Employer does not have to provide individual
notification of its representative in each claim; employer can tell
Bureau one time who its representative is. Where employer has done so,
and employer's representative did not receive order, employer was
entitled to 4123.522 relief.
Vote: 7-0
Opinion by: Per Curiam
September 2000
September 20
Settlement:
Bureau of Workers' Compensation has authority to deny approval of a
settlement which has been agreed to by the employer and the injured
worker in a state fund claim .
Vote: 7-0
Opinion by: Per Curiam
September 13
Employer:
Even after the 1993 amendments, a self-insured employer is entitled to
reimbursement from the surplus fund where an injured worker received
temporary total compensation, in a claim which was ultimately
disallowed.
Vote: 6-1
Opinion by: Per Curiam
August 2000
August 30
Impairment
of Earning Capacity: Injured worker had to make election between
impairment of earning capacity award and permanent partial award.
Commission could find that by requesting permanent partial award, and
cashing check, injured worker had elected permanent partial award.
Vote: 6-0, 1 concur in judgment
Opinion by: Per Curiam
August 9
Temporary
Total: Injured worker who left job of injury to work at a different job
retained eligibility for future temporary total.
Vote: 7-0
Opinion by: Justice Douglas
Temporary
Total: Evidence supported Commission determination that injured worker
was not entitled to temporary total compensation.
Vote: 7-0
Opinion by: Per Curiam
AWW:
Average weekly wage calculation is based on wages and earnings, not
income. Therefore, Commission was not required to include amounts
reimbursed by employer for lodging, meals, tool and trucking expenses
where evidence did not indicate that these amounts were part of the
wage package provided to the injured worker by the employer.
Vote: 6-1
Opinion by: Per Curiam
Temporary
Total: Medical report which considers only one of two allowed
conditions must be considered in determining whether or not injured
worker has reached maximum medical improvement where second condition
is no longer disabling (as reported by doctor supporting continued
temporary total).
Vote: 6-1
Opinion by: Per Curiam
August 2
Injury: Commission speaks only through its orders and there is no implicit recognition of state insurance fund claims.
Vote: 7-0
Opinion by: Per Curiam
July 2000
<< No decisions indexed >>
June 2000
June 21
Permanent
Total: Where injured worker was awarded permanent total compensation
based on inability to perform physically demanding duties, and
subsequently became capable of performing physically demanding duties,
evidence supported Commission decision to terminate permanent total.
Vote: 5-2
Opinion by: Per Curiam
May 2000
May 31
Misc:
Injured worker who failed to file appeals from previous decisions
against her (on denial of request to change election for impairment of
earnings capacity benefits) could not use mandamus to challenge a third
denial, because of failure to exhaust administrative remedies.
Vote: 7-0
Opinion by: Per Curiam
May 24
Employer:
Self-insurer sought reimbursement from surplus fund of temporary total
it voluntarily paid when the injured worker was not temporary total.
Court denies reimbursement because reimbursement from surplus fund in
effect at the time the temporary total was paid in the mid-to-late
1980s was only available for payments pursuant to an administrative
order. Because the self-insurer voluntarily paid, it was not paying
pursuant to an administrative order, and was not entitled to
reimbursement from the surplus fund.
Vote: 4-3
Opinion by: Justice Resnick
May 17
Medical:
Injured worker sought payment for surgery in her claim. Court held that
Commission could not rely on doctor's report which pre-dated need for
surgery to deny surgery because claim worsened after that doctor's
report. Court found that the evidence required the Commission to pay
for the surgery.
Vote: 7-0
Opinion by: Per Curiam
Misc:
R.C. 4123.741 provides an employee with immunity from a co-employees
lawsuit when the lawsuit is based on action which occurred "in the
course of and arising out of" the employment (applying those terms as
they apply for workers' compensation purposes).
Vote: 7-0
Opinion by: Justice Resnick
Temporary
Total: Commission denied temporary total based on a previous DHO
finding that the injured worker had voluntarily abandoned his
employment. Court found that SHO order on appeal had determined that
the injured worker had not voluntarily abandoned his employment, even
though the injured worker had withdrawn his appeal because he received
unemployment compensation.
Vote: 5-2
Opinion by: Per Curiam
Permanent
Total: Injured worker challenged permanent total denial order. Court
held that (1) order's listing of evidence relied on (rather than all
evidence considered) was valid, and (2) although Commission had a
responsibility to consider effect of age, failure to do so where all
other vocational factors were positive did not invalidate order.
Vote: 5-2
Opinion by: Per Curiam
Temporary
Total: Commission denied temporary total. In doing so, it relied on
fact that the only evidence of temporary total were two C-84 forms.
This finding improperly ignored evidence because there was a narrative
report in the file. Had Commission considered the narrative report, it
might have reached a different result. Failure to consider important,
probative evidence requires remand to Commission for further
consideration.
Vote: 7-0
Opinion by: Per Curiam
Continuing
Jurisdiction: Injured worker sought relief pursuant to R.C. 4123.522
because, although he received order, he did not understand contents.
Court holds R.C. 4123.522 only applies where the order is not received.
Because the injured worker received the order, 4123.522 does not apply.
Vote: 7-0
Opinion by: Per Curiam
May 1
Medical: Court holds that medical evidence relied on supports Commission decision to deny temporary total.
Vote: 7-0
Opinion by: Per Curiam
April 2000
April 5
Wage Loss: Court holds that self-employed claimant who had not conducted job search was properly denied wage loss.
Vote: 7-0
Opinion by: Per Curiam
Misc: Court holds that failure to exhaust administrative remedies before first mandamus challenge bars subsequent challenge.
Vote: 4-3
Opinion by: Per Curiam
Impairment
of Earning Capacity: Court holds that injured worker failed to
establish right to impairment of earnings capacity compensation because
injured worker did not show required desire to work during the period
for which the compensation was sought.
Vote: 7-0
Opinion by: Per Curiam
Wage
Loss: Court holds that wage loss is a weekly calculation, and
determination of the amount paid should be made on a week-by-week basis.
Vote: 7-0
Opinion by: Per Curiam
Continuing
Jurisdiction: Employer sought relief pursuant to R.C. 4123.522. Court
held that employer was not entitled to such relief because of evidence
that employer had actual knowledge of order.
Vote: 7-0
Opinion by: Per Curiam
March 2000
March 15
Settlement:
Under R.C. 4123.65, settlement of a workers' compensation claim by an
injured worker and self-insurer must be in writing, and is not
effective for 30 days. Court holds that this requirement applies to
Court settlements as well as administrative settlements.
Vote: 4-3
Opinion by: Justice Cook
VSSR: VSSR denied because employer complied with safety code and employee unilaterally violated the safety code.
Vote: 4-3
Opinion by: Per Curiam
February 2000
February 23
Misc: Failure to file timely objections to Magistrate's decision prevents challenging Magistrate's findings on appeal.
Vote: 7-0
Opinion by: Per Curiam
Temporary
Total: Temporary total denied where injured worker was fired for
violating employer's drug policy. Court holds that discharge
constituted voluntary abandonment of employment.
Vote: 7-0
Opinion by: Per Curiam
Impairment
of Earning Capacity: Court holds that injured worker failed to
establish right to impairment of earning capacity compensation because
injured worker did not show required desire to work during the period
for which the compensation was sought.
Vote: 7-0
Opinion by: Per Curiam
February 16
Temporary
Total: Claimant entitled to temporary total compensation where treating
physician's finding of maximum medical improvement was contingent upon
completion of a functional capacity evaluation.
Vote: 5-2
Opinion by: Justice Sweeney
February 9
Wage
Loss: To be eligible for wage loss compensation, injured worker must
show that the industrial condition prevents them from continuing their
former employment and prevented them from getting comparably paying
work; where the injured worker is engaged in part-time work, they must
also show that wage loss is caused by allowed condition, not lack of
desire to work full time.
Vote: 6-1
Opinion by: Per Curiam
January 2000
January 26
Temporary
Total: Injured worker who left job of injury voluntary abandoned
employment and was not eligible for future temporary total. Note: The Supreme Court granted reconsideration and reversed this decision.
Vote: 7-0
Opinion by: Per Curiam
Permanent
Partial/Permanent Total: Court holds that injured worker cannot receive
permanent partial and permanent total for the same time periods.
Vote: 5-2
Opinion by: Per Curiam
January 19
Employer:
Court holds that a company which buys the assets of a foreclosed
company from an intermediary bank is not responsible for the foreclosed
company's workers' compensation claim costs incurred under a
"retrospective-rating" plan.
Vote: 5-2
Opinion by: Justice Douglas
Injured at Work?
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benefits you
are entitled to. We are based in Columbus and represent
injured
workers throughout Ohio before the BWC, Industrial Commission
and
in court.
We also represent people who have social security
disability claims or who have a disability claim before another state
administrative agency (PERS, STRS, SERS or police and fire fighters
disability).
Initial consultations with potential clients are
free. If you are interested in talking with us about a
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case, call us at (614) 228-6148.
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306 E. Gay St. | Columbus, OH 43215
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