2003 Ohio Supreme Court Workers' Compensation Decisions
This page lists Ohio Supreme Court workers' compensation decisions from 2003. 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 2003
<< No decisions indexed >>
November 2003
November 26
Hassan, State ex rel. v. Marsh Bldg. Products (11/26/03)
Temporary Total: An injured worker who abandons his employment becomes eligible for temporary total when he returns to part-time work.
Vote: 7-0
Opinion by: Per Curiam
October 2003
October 22
Ameen, State ex rel. v. Indus. Comm. (10/22/03)
Wage Loss: Injured worker who took a job as a teacher after she could no longer work as a nurse due to her injury did not forfeit right to wage loss by failure to continue to look for higher paying work. Work as teacher was a legitimate use of worker's education and involved future prospects (such as raises and job security) which justified worker's decision to take job.
Vote: 6-1
Opinion by: Per Curiam
Coolidge v. Riverdale Local School Dist. (10/22/03)
Temporary Total: Employees who are temporary and totally disabled cannot be discharged for absenteeism resulting from period of work missed while they are temporarily and totally disabled.
Vote: 7-0
Opinion by: Justice Resnick
Romans, State ex rel. v. Elder Beerman (10/22/03)
Continuing Jurisdiction: Amendment to R.C. 4123.52 relating to expiration of medical-only claim after six years of inactivity did not change length of time claim remains alive. Amendment changed definition of "inactivity" by providing that payment of a medical bill constitutes "activity." Therefore, change was procedural and not jurisdictional and applies to claimant who was injured before effective date of amendment.
Vote: 7-0
Opinion by: Per Curiam
September 2003
September 24
Hawkins, State ex rel. v. Indus. Comm. (9/24/03)
Impairment of Earning Capacity: Claimant who does not show desire to work is not entitled to impairment of earning capacity award.
Vote: 7-0
Opinion by: Per Curiam
Mahoney, State ex rel. v. Team Am. 3, Inc. (9/24/03)
VSSR: Commission's finding that "overhead protection" was provided by employer as required by safety code was supported by "some evidence."
Vote: 4-3
Opinion by: Justice Lundberg Stratton
Warnock, State ex rel. v. Indus. Comm. (9/24/03)
Medical: Minor discrepencies as to height and age of claimant, and one incorrect statement of claimant's name (when claimant's name is correctly identified eight other times) do not render medical reports invalid.
Vote: 7-0
Opinion by: Per Curiam
Wheeling-Pittsburgh Steel Corp., Inc., State ex rel. v. Indus. Comm. (9/24/03)
VSSR: Under O.A.C. 4121:1-5-02(D)(4), where operating conditions do not permit use of standard guardrail, no additional guardrail is required. In determining whether operating conditions permit use of guardrail, issue is only whether standard guardrail can be used, not whether a modified guardrail could have been used.
Vote: 5-2
Opinion by: Per Curiam
August 2003
August 6
Hammer, State ex rel. v. Indus. Comm. (8/6/03)
Temporary Total: Commission did not abuse its discretion in denying temporary total to employee who had been fired for violating written work rule.
Vote: 7-0
Opinion by: Per Curiam
July 2003
July 30
Clark, State ex rel. v. Indus. Comm. (7/30/03)
Medical: Commission is not unreasonable in permitting employer to charge a 25 cent per page copying charge for copies of medical documents.
Vote: 6-0
Opinion by: Justice O'Connor
July 23
Daniels, State ex rel. v. Indus. Comm. (7/23/03)
Temporary Total: Where employer fired claimant who did not return to work after expiration of medical restriction on working, and who did not contemporaneously file medical documentation to extend disability period, Commission properly terminated temporary total on finding that claimant had abandoned his employment.
Vote: 6-0
Opinion by: Per Curiam
Ignatious, State ex rel. v. Indus. Comm. (7/23/03)
Temporary Total: Claimant is not required to prove that a non-allowed condition is not disabling; where medical evidence links claimant's temporary total disability to allowed condition, claimant is entitled to temporary total disability compensation.
Vote: 6-0
Opinion by: Per Curiam
Martin, State ex rel. v. Indus. Comm. (7/23/03)
Occupational Disease: Where claim allowance indicated that respiratory disease was due to exposure to fumes and vapors, claimant was not eligible for change of occupation award which only applies where respiratory disease is due to exposure to dust.
Vote: 4-2
Opinion by: Per Curiam
July 16
Blanton, State ex rel. v. Indus. Comm. (7/16/03)
Medical: Commission's conclusion that medical evidence did not support a causal connection between treatment and injury was not an abuse of discretion.
Vote: 6-0
Opinion by: Per Curiam
June 2003
<< No decisions indexed >>
May 2003
May 16
Ackerman, State ex rel. v. Indus. Comm. (5/16/03)
Fraud: Evidence supported Commission's finding that claimant who was receiving permanent total committed fraud by receiving permanent total when he was engaged in work activity.
Vote: 7-0
Opinion by: Per Curiam
Am. Stan., Inc., State ex rel. v. Boehler (5/16/03)
Temporary Total: Injured worker's actions as owner of rental property did not bar him from receipt of temporary total. When doctor indicated on C-84 that the condition was not MMI, evidence supported award of temporary total.
Vote: 7-0
Opinion by: Per Curiam
Franks, State ex rel. v. Indus. Comm. (5/16/03)
Amputation/Loss of Use: Where only medical evidence to address issue demonstrated that claimant had suffered loss of use of one-half of big toe, claimant was entitled to award for loss of use of one-half of big toe.
Vote: 7-0
Opinion by: Per Curiam
Hiatt, State ex rel. v. Indus. Comm. (5/16/03)
Death: Commission properly set average weekly wage of deceased injured worker at $0.
Vote: 5-2
Opinion by: Justice Cook
King, State ex rel. v. Indus. Comm. (5/16/03)
Death: Death benefit payments were properly set at minimum amount.
Vote: 5-1, 1 concurs in part and dissents in part
Opinion by: Justice Cook
Ohio Treatment Alliance, State ex rel. v. Paasewe (5/16/03)
Temporary Total: Claimant returned to work after period of temporary total, worked for a few days, and was then fired. Claimant then claimed he was temporary total. Medical evidence which did not indicate that condition worsened, or why condition prevented claimant from working after release to return to work, did not support temporary total.
Vote: 7-0
Opinion by: Per Curiam
Smith, State ex rel. v. Indus. Comm. (5/16/03)
VSSR: Commission did not abuse its discretion by making minimum VSSR award.
Vote: 7-0
Opinion by: Per Curiam
Timken Co., State ex rel. v. Kovach (5/16/03)
Wage Loss: Commission properly awarded wage loss to employee who accepted lower paying job with previous employer. Job search was not required because of time invested with employer. Claimant was not disqualified because of alleged refusal of higher paying job because (1) job offer was not in writing, as required, and (2) job offer did not comply with claimant's medical restrictions.
Vote: 6-1
Opinion by: Per Curiam
May 7
Holiday, State ex rel. v. Indus. Comm. (5/7/03)
Mandamus: Failure to administratively appeal decision to deny temporary total bars writ of mandamus, even if claimant had been unrepresented.
Vote: 6-1
Opinion by: Per Curiam
Jackson Tube Services, Inc. v. Indus. Comm. (5/7/03)
Temporary Total: Temporary total cannot be based on non-allowed conditions.
Vote: 5-2
Opinion by: Per Curiam
April 2003
April 16
United States Steel Corp., State ex rel. v. Zaleski (4/16/03)
Trial Practice: Trial court does not clearly lack jurisdiction over case involving multiple claimants filing single notice of appeal.
Vote: 7-0
Opinion by: Per Curiam
March 2003
March 26
Jones v. Action Coupling & Equip., Inc. (3/26/03)
Settlement: R.C. 4123.65 (30 day "cooling off" period for settlement agreements) does not apply to settlements of R.C. 4123.512 appeals in state fund claims.
Vote: 7-0
Opinion by: Justice Sweeney
March 5
Jennings, State ex rel. v. Indus. Comm. (3/5/03)
Temporary Total: Commission properly denied temporary total to worker who was fired for unexcused absenteeism and had never returned to any form of work.
Vote: 7-0
Opinion by: Per Curiam
February 2003
<< No decisions indexed >>
January 2003
<< No decisions indexed >>