2005 Ohio Supreme Court Workers' Compensation Decisions
This page lists Ohio Supreme Court workers' compensation decisions from 2005. 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 2005
December 28
McCrone v. Bank One Corp. (12/28/05)
Injury: R.C. 4123.01(C) exclusion of psychiatric-only injuries does not violate Equal Protection.
Vote: 5-2
Opinion by: Justice Lanzinger
November 2005
November 16
Advantage Tank Lines, State ex rel. v. Indus. Comm. (11/16/05)
Permanent Partial: Because of the different nature of temporary total and permanent partial awards, claimant may receive overlapping temporary total and permanent partial awards.
Vote: 6-0, 1 concurs separately
Opinion by: Per Curiam
Jeany, State ex rel. v. Cleveland Concrete Constr. Inc. (11/16/05)
Impairment of Earning Capacity: Commission is not required to accept factual stipulation agreed to by BWC in previous appeal to court when issuing ruling on impairment of earning capacity award.
Vote: 7-0
Opinion by: Per Curiam
October 2005
<< No decisions indexed >>
September 2005
September 7
Nick Strimbu, Inc., State ex rel. v. Indus. Comm. (9/7/05)
Temporary Total: Injured worker who forgot to list an employer on his employment application did not act with intent to deceive required to find that he had made a fraudulent application; therefore, when the employer decided after worker was injured to fire him for submitting a false application in an attempt to avoid paying temporary total, he remained entitled to temporary total because the firing did not constitute a "voluntary" abandonment of employment.
Vote: 7-0
Opinion by: Per Curiam
August 2005
<< No decisions indexed >>
July 2005
July 27
Ward v. Kroger Co. (7/27/05)
Trial Practice: Claimant who files an R.C. 4123.512 appeal can only seek to participate in the workers' compensation fund for those conditions which were addressed in the administrative order which is being appealed.
Vote: 7-0
Opinion by: Justice Resnick
June 2005
June 8
Eckerly, State ex rel. v. Indus. Comm. (6/8/05)
Temporary Total: Claimant who was fired, and was not working at a later period when he became temporarily and totally disabled was not entitled to temporary total compensation.
Vote: 5-2
Opinion by: Justice Lundberg Stratton
May 2005
May 4
Rollins, State ex rel. v. Indus. Comm. (5/4/05)
Temporary Total: Claimant who received money for acting as pastor of church was "working" and therefore not eligible for temporary total.
Vote: 5-2
Opinion by: Justice Lundberg Stratton
April 2005
April 27
Holdren, State ex rel. v. Indus. Comm. (4/27/05)
Continuing Jurisdiction: Where Commission order invalidly granted BWC motion for reconsideration which was based on disagreement with SHO's interpretation of evidence, Court will not return case for Commission to further reconsider matter.
Vote: 5-2
Opinion by: Per Curiam
March 2005
March 2
Arce, State ex rel. v. Indus. Comm. (3/2/05)
VSSR: If machine is an "installation or construction" it is governed by the safety code in effect when it was put in service, rather than the safety code in effect at the time of injury; the Commission properly found that a machine was an "installation or construction" where it was of large size and weight, lacked mobility, and was set up for use in a specific location.
Vote: 7-0
Opinion by: Per Curiam
February 2005
<< No decisions indexed >>
January 2005
<< No decisions indexed >>