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2007
Ohio Supreme Court Decisions
This
page lists the workers' compensation decisions made by the
Ohio Supreme Court in
2007. To see the full text of a case on the Ohio Supreme
Court's web site, click on the case name.
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 |
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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 |
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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 |
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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 |
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October 23
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| 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 |
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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 |
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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 |
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| 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 |
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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 |
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| 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 |
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August 8
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| 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 |
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<< No decisions indexed >>
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 |
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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 |
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March 21
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| 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 |
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<< No decisions indexed >>
<< No decisions indexed >>
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