2001 Ohio Supreme Court Workers' Compensation Decisions
This page lists Ohio Supreme Court workers' compensation decisions from
2001. 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 2001
<< No decisions indexed >>
November 2001
<< No decisions indexed >>
October 2001
October 17
AWW:
Where claimant files motion to correct average weekly wage calculation,
readjustment should be applied to compensation paid for two years prior
to date of motion, but not for compensation paid more than two years
prior to date of motion.
Vote: 7-0
Opinion by: Per Curiam
September 2001
September 26
Permanent Partial:
Where doctor's report attributed permanent partial percentage to
allowed and non-allowed conditions, but did not indicate amount
attributed only to allowed condition, report did not support a
permanent partial award.
Vote: 4-3
Opinion by: Per Curiam
Permanent Total:
Commission properly relied on doctor's report to deny permanent total
where doctor indicated that condition was not currently disabling.
Report did not indicate repudiation of allowance. Worker who suffered a
"dust-induced occupational disease" is eligible for change of
occupation award.
Vote: 5-2
Opinion by: Justice Lundberg Stratton
Temporary Total:
An injured worker who leaves the employment they were doing when
injured remains eligible for temporary total when they have not
abandoned the job market, even if the reason for leaving their job was
unrelated to the injury. [In this case, the injured worker resigned as
part of the settlement of a law suit.]
Vote: 7-0
Opinion by: Per Curiam
Temporary Total:
An injured worker who leaves the employment they were doing when
injured remains eligible for temporary total when they have not
abandoned the job market, even if the reason for leaving their job was
unrelated to the injury. [In this case, the injured worker resigned
because he was eligible to retire, and because he was a police officer
how did not live in the village, as required by ordinance.] Wage loss
is properly denied where evidence demonstrates that injury did not
force injured worker to take lower paying job.
Vote: 5-1, 1 concurs in part and dissents in part
Opinion by: Per Curiam
September 5
AWW:
Where BWC discovers error in average weekly wage calculation and
corrects it, two year limitation of R.C. 4123.52 does not apply.
Correction must be made to amount of all compensation previously paid.
Vote: 5-1, 1 concur in judgment
Opinion by: Per Curiam
Medical: Commission
properly excluded medical evidence submittted after evidentiary
deadline set by letter from Commission even though Commission later
sent second letter with a later date.
Vote: 6-1
Opinion by: Per Curiam
August 2001
August 22
Temporary Total:
Injured worker who was fired for violating employer's absentee policy
is not barred from receipt of temporary total where policy was not a
written policy.
Vote: 4-2, 1 concur in judgment
Opinion by: Per Curiam
August 15
Temporary Total:
Hostage leave benefits paid to prison guard were a collectively
bargained benefit which was not intended to replace temporary total.
Therefore, there is no offset against temporary total for hostage leave
benefits.
Vote: 6-1
Opinion by: Justice Douglas
Temporary Total:
Teacher who works for 9 months, but is paid over 12 months, is not
barred from receipt of temporary total during summer months because of
payment for period previously worked.
Vote: 6-1
Opinion by: Justice Douglas
Temporary Total:
Commission did not abuse discretion by awarding temporary total for
certain periods. Fact that claimant quit work does not bar future
temporary total. Nor does fact that claimant engaged in other work bar
future temporary total when claimant becomes incapable of work.
Vote: 7-0
Opinion by: Per Curiam
Temporary Total:
Commission properly declared overpayment and ordered recoupment of
temporary total pursuant to fraud provisions where fact that claimant
was working while receiving temporary total indicated that C-84s were
false.
Vote: 7-0
Opinion by: Per Curiam
VSSR: VSSR must be awarded where employer failed to comply with provisions of safety code.
Vote: 7-0
Opinion by: Per Curiam
Settlement:
Where Bureau takes an unreasonable time to process a settlement
application, and claimant dies, administrative code provision that
claim abates on death does not apply.
Vote: 5-2
Opinion by: Justice Resnick
Wage Loss:
Commission did not abuse its discretion in calculating wage loss
compensation by apportioning bonus payments to specific weeks for which
bonus was earned.
Vote: 7-0
Opinion by: Per Curiam
August 8
VSSR:
Commission did not abuse its discretion by denying VSSR award where it
calculated height of worker based on height at time of injury (as
opposed to highest possible point).
Vote: 7-0
Opinion by: Per Curiam
July 2001
July 25
Settlement:
R.C. 4123.65(C) requires an employer that wants to withdraw consent
from a settlement agreement to notify both the Bureau and the Claimant
in writing. Failure to do so makes the settlement agreement binding
after the 30 day "cooling off" period passes.
Vote: 7-0
Opinion by: Per Curiam
July 18
Medical: MCO funding method is constitutional.
Vote: 4-3
Opinion by: Justice Cook
July 11
VSSR: Evidence supported Commission's finding of violation of specific safety requirement.
Vote: 7-0
Opinion by: Per Curiam
VSSR:
Employer violates VSSR code which requires employer to provide safety
equipment when claimant is unaware that equipment was at job site.
Vote: 7-0
Opinion by: Per Curiam
July 5
Trial Practice:
A claimant who wins an R.C. 4123.512 appeal to court is entitled to
recover attorney's travel expenses, or any other costs which are
"traditionally charged to clients" and "have a proportionally serious
impact" on the award.
Vote: 4-3
Opinion by: Justice Pfeifer
June 2001
June 27
Trial Practice: Subrogation statute, R.C. 4123.931, declared unconstitutional.
Vote: 4-3
Opinion by: Justice Resnick
Permanent Total:
Commission properly awarded permanent total to individual who had
retired where he was diagnosed with pneumoconiosis years after he had
retired.
Vote: 4-3
Opinion by: Justice Resnick
June 13
AWW:
Adjustment to average weekly wage limited to two years before filing of
motion to correct average weekly wage where claimant had waited 10
years to file motion.
Vote: 7-0
Opinion by: Per Curiam
Occupational Disease:
Date of disability for occupational disease claim determines employer
risk assignment. Where date of disability has previously been
determined, and risk assigned based on that date of disability,
mandamus will not issue because Bureau would be powerless to change
risk assignment.
Vote: 7-0
Opinion by: Per Curiam
May 2001
May 23
Mandamus: Decisions to allow or disallow an additional condition must be challenged by an R.C. 4123.512 appeal, not through mandamus.
Vote: 6-0, 1 concurs in judgment
Opinion by: Per Curiam
VSSR: Evidence supported Commission's finding violation of a specific safety requirement.
Vote: 6-0, 1 concurs in judgment
Opinion by: Per Curiam
Temporary Total:
Abandonment of employment concept applies to worker who "voluntarily
abandoned the entire labor market." Where injured worker vacates work
force for reasons unrelated to injury, injured worker loses eligibility
for temporary total.
Vote: 4-3
Opinion by: Per Curiam
April 2001
April 11
Impairment of Earning Capacity:
Impairment of earning capacity award properly denied where worker
capable of other employment and lack of earnings due to lack of
interest in other employment.
Vote: 6-1
Opinion by: Per Curiam
Impairment of Earning Capacity:
Injured worker may be eligible for impairment of earning capacity award
even if unable to work; job search is not required if injured worker
not capable of working.
Vote: 7-0
Opinion by: Per Curiam
Permanent Total:
Permanent total properly denied where Commission based denial on fact
that claimant did not attempt vocational rehabilitation and no
extenuating circumstances excused failure to attempt vocational
rehabilitation.
Vote: 6-1
Opinion by: Per Curiam
Settlement:
Change in R.C. 4123.65 regarding hearing on settlement application was
procedural. Therefore, law in effect when settlement was filed applies,
rather than law in effect on date of injury.
Vote: 7-0
Opinion by: Per Curiam
Employer:
When an employer switches its status from self-insured to state fund
(or from state fund to self-insured), the employer's status at the time
of the injury (or injurious exposure, if occupational disease)
determines whether claim is to be paid from state fund or by
self-insurer.
Vote: 7-0
Opinion by: Per Curiam
March 2001
March 14
VSSR:
Commission did not abuse discretion in finding that a VSSR occurred
where employer failed to rig lifeline and ordered worker to paint
without lifeline.
Vote: 7-0
Opinion by: Per Curiam
March 7
VSSR:
Issue in a VSSR claim of whether the employer provided safety equipment
depends on whether employer made equipment available. Where safety
equipment was not at job site, it was not available and VSSR occurred.
Vote: 5-2
Opinion by: Per Curiam
Amputation Award:
Ankylosis of thumb's IP joint does not render thumb useless and does
not entitle claimant to award for total loss of use of thumb.
Vote: 7-0
Opinion by: Per Curiam
Amputation Award:
Where thumb was amputated and reattached, determination of eligibility
for loss (or loss of use) depends on condition of thumb after being
reattached.
Vote: 5-2
Opinion by: Per Curiam
February 2001
February 28
Impairment of Earning Capacity:
Claimant who cannot perform sustained remunerative employment is not
required to conduct job search to be eligible for impairment of earning
capacity award. Claimant can receive impairment of earning capacity
award while receiving social security disability.
Vote: 7-0
Opinion by: Per Curiam
Intentional Tort: Employment intentional tort claim is governed by two year statute of limitations.
Vote: 6-0, 1 concur in judgment
Opinion by: Justice Lundberg Stratton
February 7
Injury:
A worker who suffers a psychiatric injury (without a physical injury)
satisfies the statutory definition of injury where the psychiatric
injury was caused by a co-worker's physical injury.
Vote: 4-3
Opinion by: Justice Sweeney
January 2001
January 31
Temporary Total:
Evidence supported injured worker's claim that her temporary total
disability was due to allowed condition of depression. Therefore,
Commission improperly denied temporary total.
Vote: 7-0
Opinion by: Per Curiam
January 17
VSSR:
Commission decision that exception to safety code applied was supported
by some evidence where it was based on reality of how equipment was
used, rather than theory of how equipment should have been used.
Vote: 7-0
Opinion by: Per Curiam
Injured at Work?
Stewart Jaffy &
Associates can help you receive the workers’ compensation
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
potential
case, call us at (614) 228-6148.
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Associates Co.,
LPA | Attorneys at Law
306 E. Gay St. | Columbus, OH 43215
Telephone: (614) 228-6148 | Fax: (614) 228-6140
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