Amputation, Loss of Use Cases: Miscellaneous

(Court of Appeals)

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.

Green Tokai Co., Ltd., State ex rel. v. Indus. Comm. (9/13/07)

For loss of use of phalange, standard that loss "near the joint" constitutes loss of phalange gives Commission discretion to determine whether amputation occurred "near" the joint.

Vote: 3-0
Opinion by: Judge Petree
Appellate District: 10

Mast, State, ex rel. v. Indus. Comm. (6/14/11)

Worker who was awarded compensation for loss of use of hand based on loss of two or more fingers after having two fingers and thumb amputated is entitled to additional amputation award for loss of left toe which was surgically amputated for transplant to replace left thumb.

Vote: 3-0
Opinion by: Judge Klatt
Appellate District: 10

Morgan, State ex rel. v. Superior Fibers, Inc. (9/5/02)

Claimant who lost fingers was not entitled to increased award for loss of hand where there was no evidence that claimant suffered greater disability than other workers as a result of loss of fingers.

Vote: 3-0
Opinion by: Judge Deshler
Appellate District: 10

Parzych, State ex rel. v. Indus. Comm. (6/16/09)

Payment of R.C. 4123.57(B) amputation award may be stayed pending determination of appeal over whether workers' compensation claim should be allowed.

Vote: 3-0
Opinion by: Judge Sadler
Appellate District: 10

Weyerhaeuser Co., State ex rel. v. Indus. Comm. (8/23/11)

Facial disfigurement award requires disfigurement which either impairs or may impair opportunities for employment, but does not require proof of current desire to work.

Vote: 3-0
Opinion by: Judge Sadler
Appellate District: 10

Amputation, Loss of Use Cases: Miscellaneous

(Court of Appeals)

Green Tokai Co., Ltd., State ex rel. v. Indus. Comm. (9/13/07)

For loss of use of phalange, standard that loss "near the joint" constitutes loss of phalange gives Commission discretion to determine whether amputation occurred "near" the joint.

Vote: 3-0Opinion by: Judge PetreeAppellate District: 10

Mast, State, ex rel. v. Indus. Comm. (6/14/11)

Worker who was awarded compensation for loss of use of hand based on loss of two or more fingers after having two fingers and thumb amputated is entitled to additional amputation award for loss of left toe which was surgically amputated for transplant to replace left thumb.

Vote: 3-0 Opinion by: Judge Klatt Appellate District: 10

Morgan, State ex rel. v. Superior Fibers, Inc. (9/5/02)

Claimant who lost fingers was not entitled to increased award for loss of hand where there was no evidence that claimant suffered greater disability than other workers as a result of loss of fingers.

Vote: 3-0Opinion by: Judge DeshlerAppellate District: 10

Parzych, State ex rel. v. Indus. Comm. (6/16/09)

Payment of R.C. 4123.57(B) amputation award may be stayed pending determination of appeal over whether workers' compensation claim should be allowed.

Vote: 3-0Opinion by: Judge SadlerAppellate District: 10

Weyerhaeuser Co., State ex rel. v. Indus. Comm. (8/23/11)

Facial disfigurement award requires disfigurement which either impairs or may impair opportunities for employment, but does not require proof of current desire to work.

Vote: 3-0 Opinion by: Judge Sadler Appellate District: 10

Injured at Work?

Vote: 3-0
Opinion by: Judge Petree
Appellate District: 10

Vote: 3-0
Opinion by: Judge Klatt
Appellate District: 10

Vote: 3-0
Opinion by: Judge Deshler
Appellate District: 10

Vote: 3-0
Opinion by: Judge Sadler
Appellate District: 10

Vote: 3-0
Opinion by: Judge Sadler
Appellate District: 10