2007 Ohio Supreme Court Workers' Compensation Decisions
This page lists Ohio Supreme Court workers' compensation decisions from 2007. 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 2007
December 20
Bickers v. W. & S. Life Ins. Co. (12/20/07)
Retaliatory Discharge: At-will employee who is fired while receiving temporary total does not have common-law cause of action for retaliatory discharge.
Vote:
5-2
Opinion by:
Cupp
December 19
Lynch, State ex rel. v. Indus. Comm. (12/19/07)
Permanent Total: Engaging in sustained labor in return for pay constitutes sustained remunerative employment which justifies termination of temporary total even where the labor activity is illegal.
Vote:
7-0
Opinion by:
Per Curiam
November 2007
November 21
Gilbert, State ex rel. v. Indus. Comm. (11/21/07)
VSSR: "Specific safety requirements" must be based on quantifiable baseline, not individual susceptibility; Commission has discretion to determine validity of tests conducted after exposure on a case-by-case basis because test environment may be different from what it was at time of exposure, but it may be identical to what it was at time of exposure.
Vote:
7-0
Opinion by:
Per Curiam
November 20
Moore, State ex rel. v. Internatl. Truck & Engine (11/20/07)
Temporary Total: Temporary total can be restarted after it has been terminated due to a finding of MMI (maximum medical improvement) when condition worsens as a result of treatment.
Vote:
7-0
Opinion by:
Per Curiam
October 2007
October 23
Cherryhill Mgt., Inc., State ex rel. v. Indus. Comm. (10/23/07)
Temporary Total: Evidence supported Commission's decision that injured worker did not voluntarily abandon their employment.
Vote:
7-0
Opinion by:
Per Curiam
E.I. DuPont DeNemours & Co., State ex rel. v. Indus. Comm. (10/23/07)
Permanent Total: Worker who suffered from occupational disease with long latency period is not disqualified from receipt of permanent total by retirement.
Vote:
7-0
Opinion by:
Per Curiam
Powell, State ex rel. v. C.R. O'Neil & Co. (10/23/07)
Administrative Practice: Although Commission was not required to consider evidence submitted after the hearing, failure to consider evidence which was partially submitted after the hearing and fully submitted that same day was abuse of discretion.
Vote:
7-0
Opinion by:
Per Curiam
October 3
Spohn, State ex rel. v. Indus. Comm. (10/3/07)
Permanent Total: Evidence supported Commission's decision to terminate permanent total compensation based on improvement of injured worker's condition.
Vote:
4-3
Opinion by: Lanzinger
September 2007
September 27
Ellis, State ex rel. v. Indus. Comm. (9/27/07)
Temporary Total: In determining whether to terminate temporary total based on refusal of a "good faith" job offer, Commission must consider whether job was offered in good faith.
Vote:
6-0 1 concurs in judgment only
Opinion by:
Per Curiam
Gross, State ex rel. v. Indus. Comm. (9/27/07)
Temporary Total: When injured worker is terminated for actions which contributed to the injury, worker has not "voluntarily abandoned" their employment and remains eligible for temporary total.
Vote:
5-2
Opinion by:
Lundberg Stratton
September 19
Barnes, State ex rel. v. Indus. Comm. (9/19/07)
Temporary Total: Commission's failure to consider exacerbation of condition in denial of temporary total requires remand so that Commission can consider that issue; fact that issue does not appear in Commission's order does not mean it was waived for failure to raise argument administratively because fact that Commission is not required to list all evidence in order means that order does not demonstrate all evidence presented or issues raised.
Vote:
7-0
Opinion by:
Per Curiam
Starr, State ex rel. v. Indus. Comm. (9/19/07)
Temporary Total: Psychologist's report was "some evidence" to support denial of temporary total.
Vote:
7-0
Opinion by:
Per Curiam
York Internat'l Corp., State ex rel. v. Kopis (9/19/07)
Mandamus: When Court of Appeals vacated permanent total order and remanded it to the Commission for further proceedings, Commission was not bound by prior order and was entitled to reexamine all issues involved.
Vote:
7-0
Opinion by:
Per Curiam
August 2007
August 8
Kincaid, State ex rel. v. Allen Refractories Co. (8/8/07)
Permanent Total: If Commission has made finding of 100% bilateral loss of sight under R.C. 4123.57(B), an injured worker is entitled to statutory permanent total award where there is no evidence that the injured worker's vision has improved or been corrected.
Vote:
5-2
Opinion by:
Lanzinger
July 2007
<< No decisions indexed >>
June 2007
June 27
Baja Marine Corp., State ex rel. v. Indus. Comm. (6/27/07)
Mandamus: Order which lacks clarity is returned to the Commission for further proceedings.
Vote:
6-0, 1 concurs separately
Opinion by:
Per Curiam
May 2007
May 9
OmniSource Corp, State ex rel. v. Indus. Comm. (5/9/07)
Temporary Total: Injured worker who is disabled when fired is not barred from receipt of temporary total; injured worker cannot voluntarily abandon employment unless they were physically capable of performing that employment when fired.
Vote:
6-0, 1 concurs in judgment only
Opinion by:
Per Curiam
April 2007
April 4
Luther, State ex rel. v. Ford Motor Co. (4/4/07)
Temporary Total: Injured worker does not voluntarily abandon his employment by being fired if he was disabled when fired; additionally, injured worker does not voluntarily abandon employment if reason for discharge (such as absenteeism) was due to the industrial injury.
Vote:
6-0, 1 concurs in judgment only
Opinion by: Per
Curiam
RMS of Ohio, Inc., State ex rel. v. Ohio Bur. of Workers' Comp. (4/4/07)
Employer: BWC did not err in reclassifying business for purpose of determining workers' compensation premium rates.
Vote: 7-0
Opinion by:
Per Curiam
March 2007
March 21
Cafaro Mgt. Co., State ex rel. v. Kielmeyer (3/21/07)
Employer: BWC did not err in reclassifying clerical and security employees for purposes of determining employer's premiums.
Vote:
7-0
Opinion by:
Per Curiam
Honda of Am. Mfg. Co., State ex rel. v. Indus. Comm. (3/21/07)
Temporary Total: Worker who owned store was entitled to temporary total where she engaged in minimal, non-income producing activities at store; fact that she bought the store after suffering disability is irrelevant.
Vote: 7-0
Opinion by:
Per Curiam
February 2007
<< No decisions indexed >>
January 2007
<< No decisions indexed >>