Stewart Jaffy &: Assoc. Co., LPA, Attorneys at Law
A Legal Professional Association
306 E. Gay Street, Columbus, OH  43315  

Tel: 614/228-6148

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Impairment of Earning Capacity Cases: Desire to Earn
(Supreme Court)

To see the full text of a case on the Ohio Supreme Court's web site, click on the case name. To return to the Case Index, click here.

Backus, State ex rel. v. Indus. Comm. (4/11/01)
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
Garon, State ex rel. v. University Hosp. (4/5/00)
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
Hawkins, State ex rel. v. Indus. Comm. (9/24/03)
Claimant who does not show desire to work is not entitled to impairment of earning capacity award.
Vote: 7-0
Opinion by: Per Curiam
Matheney, State ex rel. v. Cent. Ohio Coal Co. (2/23/00)
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
Shotts, State ex rel. v. Austin Powder Co. (2/10/99)
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
 


Stewart Jaffy & Associates Co., LPA | Attorneys at Law
306 E. Gay St. | Columbus, OH 43215
Telephone: (614) 228-6148 | Fax: (614) 228-6140
http://www.jaffylaw.com

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