Amputation, Loss of Use Cases: Ankylosis
(Supreme Court)
Click on the case name to read the decision on the
Ohio Supreme Court's web site. Decisions which adopt the
decision of a lower court or
Magistrate, or which decide a case based on a previous decision, are
excluded.
Where
none of the medical reports found total stiffness of thumb, Commission
improperly made award for loss of use of thumb based on ankylosis.
Vote: 7-0
Opinion by: Per Curiam
Claimant
suffered ankylosis (total stiffness) of the tip of his right ring
finger. Under R.C. 4123.57(B), Commission properly made award for loss
of use of one-third of finger, statute did not require award for loss
of use of two-thirds of finger.
Vote: 7-0
Opinion by: Per Curiam
Injured
worker who suffers ankylosis of the toes is eligible for loss of use
award, but must prove that the ankylosis caused a total loss of use to
receive the award.
Vote: 7-0
Opinion by: Per Curiam
Ankylosis
of thumb's IP joint does not render thumb useless and does not entitle
claimant to award for total loss of use of thumb.
Vote: 7-0
Opinion by: Per Curiam
Commission
order granting award for loss of use of hand must consider evidence of
post-injury activities in determining whether award is appropriate.
Vote: 7-0
Opinion by: Per Curiam
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