2009 Ohio Supreme Court Workers' Compensation Decisions
This page lists Ohio Supreme Court workers' compensation decisions from 2009. 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 2009
<< No decisions indexed >>
November 2009
November 12
AK Steel Corp., State ex rel. v. Davis (11/12/09)
VSSR: Rolls which perform more than one function do not meet definition of "feed rolls" in applicable safety code provision.
Vote:
7-0
Opinion by:
Per Curiam
Lowe, State ex rel. v. Cincinnati, Inc. (11/12/09)
Permanent Total: Evidence of change in injured worker's condition justified decision to terminate permanent total compensation.
Vote:
7-0
Opinion by:
Per Curiam
October 2009
October 7
Sebring, State ex rel. v. Indus. Comm. (10/7/09)
Temporary Total: Refusal of light duty work offer justifies termination of temporary total compensation.
Vote:
6-0
Opinion by:
Per Curiam
September 2009
September 29
Benton v. Hamilton Cty. Educational Serv. Ctr. (9/29/09)
Trial Practice: Commission decision not to terminate claim based on employer allegations of fraud does not involve right to participate and cannot be appealed to court under R.C. 4123.512.
Vote:
5-0, 2 concur in judgment only
Opinion by: Lanzinger
August 2009
August 25
Gibson, State ex rel. v. Indus. Comm. (8/25/09)
Temporary Total: Commission did not abuse its discretion in failing to accept treating doctor's opinion that condition rendered injured worker temporarily and totally disabled.
Vote:
6-0, 1 concurs in judgment only
Opinion by:
Per Curiam
August 19
Saunders, State ex rel. v. Cornerstone Found. Sys., Inc. (8/19/09)
Temporary Total: Injured worker who was fired for violation of written work rule did not abandon his employment (which would bar future temporary total compensation) when there was no evidence that he had received written work rule and could not have known that he was violating rule or that violation could lead to dismissal.
Vote:
7-0
Opinion by:
Per Curiam
July 2009
July 30
Glenn, State ex rel. v. Indus. Comm. (7/30/09)
Temporary Total: Teacher who is temporarily and totally disabled is entitled to receive either temporary total compensation or salary for summer break.
Vote: 6-0,
1 concurs separately
Opinion by:
Per Curiam
July 23
Internatl. Truck & Engine Corp., State ex rel. v. Indus. Comm. (7/23/09)
VSSR: Rule requiring strict construction of VSSR standards in favor of employer only applies to applicability of safety standard, employer is not entitled to have evidence construed in its favor.
Vote:
7-0
Opinion by:
Per Curiam
July 21
Johnson, State ex rel. v. Indus. Comm. (7/21/09)
VSSR: Provisions of specific safety codes relating to scaffolding apply to all scaffolds, regardless of whether they have been completed; therefore the Industrial Commission erred by denying a VSSR award because the scaffold which did not comply with the safety code had not yet been completed.
Vote:
6-1
Opinion by:
Per Curiam
June 2009
June 16
Dillard Dept. Stores, State ex rel. v. Ryan (6/16/09)
Employer: Self-insurer not entitled to reimbursement from surplus fund after injured worker dismisses employer's appeal due to settlement.
Vote: 7-0
Opinion by:
Moyer
Valley Roofing, L.L.C., State ex rel. v. Ohio Bur. of Workers' Comp. (6/16/09)
Employer: When company bought assets of previous company from bank, rather than from previous company, it is not a "successor in interest" for purposes of determining workers' compensation premiums.
Vote:
7-0
Opinion by:
Per Curiam
June 11
Kestler, State ex rel. v. Wellness Ctr. Health Assoc., L.L.C. (6/11/09)
Temporary Total: Commission must clarify what part of doctor's opinion it is relying on when denying temporary total based on a medical report which contained different conclusions which could lead to different results.
Vote:
7-0
Opinion by:
Per Curiam
May 2009
<< No decisions indexed >>