Impairment of Earning Capacity Cases: Miscellaneous
(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.
Injured
worker had to make election between impairment of earning capacity
award and permanent partial award. Commission could find that by
requesting permanent partial award, and cashing check, injured worker
had elected permanent partial award.
Vote: 6-0, 1 concur in judgment
Opinion by: Per Curiam
Where injured worker can return to the former position of employment, there is no impairment of earning capacity.
Vote: 6-1
Opinion by: Per Curiam
Commission
is not required to accept factual stipulation agreed to by BWC in
previous appeal to court when issuing ruling on impairment of earning
capacity award.
Vote: 7-0
Opinion by: Per Curiam
Commission properly calculated both pre-injury and post-injury earning capacity and explained how it made those determinations.
Vote: 7-0
Opinion by: Per Curiam
Retirement does not bar impairment of earning capacity benefits because retirees can seek employment.
Vote: 7-0
Opinion by: Per Curiam
Injured at Work?
Stewart Jaffy &
Associates can help you receive the workers’ compensation
benefits you
are entitled to. We are based in Columbus and represent
injured
workers throughout Ohio before the BWC, Industrial Commission
and
in court.
We also represent people who have social security
disability claims or who have a disability claim before another state
administrative agency (PERS, STRS, SERS or police and fire fighters
disability).
Initial consultations with potential clients are
free. If you are interested in talking with us about a
potential
case, call us at (614) 228-6148.
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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