Impairment of Earning Capacity Cases: Desire to Earn
(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.
Impairment
of earning capacity award properly denied where worker capable of other
employment and lack of earnings due to lack of interest in other
employment.
Vote: 6-1
Opinion by: Per Curiam
Court
holds that injured worker failed to establish right to impairment of
earnings capacity compensation because injured worker did not show
required desire to work during the period for which the compensation
was sought.
Vote: 7-0
Opinion by: Per Curiam
Claimant who does not show desire to work is not entitled to impairment of earning capacity award.
Vote: 7-0
Opinion by: Per Curiam
Court
holds that injured worker failed to establish right to impairment of
earnings capacity compensation because injured worker did not show
required desire to work during the period for which the compensation
was sought.
Vote: 7-0
Opinion by: Per Curiam
Commission
properly denied impairment of earnings capacity benefits: there was
evidence supported commission finding that there was no causal
relationship between injury and impairment of earning capacity, and
evidence supported finding that injured worker did not have desire to
earn required for the impairment of earning capacity award.
Vote: 7-0
Opinion by: Per Curiam
Injured at Work?
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workers throughout Ohio before the BWC, Industrial Commission
and
in court.
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