|
|
|
Ohio
Workers' Compensation Case Index
To see Supreme Court decisions
on a topic,
click on the "SC" next to the topic; for Court of Appeals decisions on
a topic, click on the "CA" next to the topic. For a description of
cases summarized, click
here.
Each summary contains the case
name, date
decided, and a brief summary of the case. There is a link to the
decision on the Ohio Supreme Court web site if you want to read the
case itself.
Ohio Supreme Court decisions
are indexed
from January 1, 1998; Ohio Court of Appeals decisions are indexed from
May
1, 2002.
For a list of the Ohio Supreme
Court's most
recent workers' compensation decisions, click
here.
| administrative
practice |
| * evidence |
SC
|
CA |
*
miscellaneous
|
SC
|
CA |
| allowance |
| * additional conditions |
SC |
|
|
* miscellaneous
|
SC |
CA |
| * self-insurer, by |
SC |
|
| amputation,
loss of use |
*
ankylosis
|
SC
|
|
| * loss of use |
SC |
CA |
| * miscellaneous |
SC |
CA |
*
reattachment
|
SC
|
|
| * vision, loss of |
SC |
CA |
| average
weekly wage |
*
adjustment, time
limit
|
SC
|
|
| * basis |
SC |
CA |
| * miscellaneous |
SC |
CA |
| * special circumstances |
SC |
CA |
| continuing
jurisdiction |
|
* 4123.522 relief
|
SC |
CA |
| * miscellaneous |
SC |
CA |
| * mistake of fact |
SC |
|
| * mistake of law |
|
CA |
| * newly discovered evidence |
SC |
CA |
| * no basis |
SC |
CA |
| * reasonable time |
SC |
CA |
| * two year limit |
SC |
|
| * unspecified error |
SC |
|
| death |
* amount
|
SC
|
|
*
appeal or mandamus
|
SC
|
CA
|
| * dependent's estate |
SC |
CA |
| * evidence |
|
CA |
| * miscellaneous |
SC |
CA |
| employer
|
| * classification/reclassification |
SC |
|
|
* miscellaneous
|
SC |
|
| * premiums |
SC |
CA |
| *
self-insurer |
|
CA |
| * surplus fund |
SC |
CA |
| employment |
| * course/scope of |
SC |
CA |
| * immunity from suit |
SC |
CA |
* independent contractor
|
|
CA
|
| fraud |
| * miscellaneous |
SC
|
CA |
| impairment
of earning capacity |
*
desire to earn
|
SC
|
|
| * evidence |
SC |
|
* job
search
|
SC
|
|
| * miscellaneous |
SC |
|
| injury |
| * aggravation |
SC |
CA |
*
controlled
substances
|
SC
|
CA
|
*
coverage, Ohio or
other state
|
|
CA
|
| * evidence |
|
CA |
| * fellow servant rule |
|
CA |
| *
gradually
developing injury |
|
CA |
| * horseplay/fighting |
|
CA |
| * idiopathic |
|
CA |
*
intervening injury
|
|
CA
|
| * miscellaneous |
|
CA |
*
parking lot
|
|
CA |
| * psychiatric |
SC |
CA |
| * res
judicata |
|
CA |
| * sidewalk |
|
CA |
| * stress-caused |
|
CA |
| * time limits |
SC |
CA |
| * traveling |
SC |
CA |
| * work area |
|
CA |
| intentional
tort (Supreme Court only) |
| * constitutionality, statutes |
SC |
N/A |
| * miscellaneous |
SC |
N/A |
| * standards |
SC |
N/A
|
| * statute of limitations |
SC |
N/A |
living
maintenance
|
| *
miscellaneous |
SC |
CA
|
| mandamus |
*
appeal or mandamus
|
SC
|
CA
|
*
failure to exhaust
administrative remedies
|
SC
|
|
| * miscellaneous |
SC |
CA |
| medical |
|
* evidence
|
SC |
CA |
* examination/suspension for failure to
attend
|
SC |
|
| * miscellaneous |
SC |
CA |
*
treatment
|
SC
|
CA |
| occupational
disease |
| * asbestos claims |
|
CA |
| * change of occupation award |
SC |
|
| * evidence |
|
CA |
*
exhaustion of
administrative remedies
|
|
CA |
| * miscellaneous |
SC |
CA |
* statute of limitations
|
|
CA
|
| permanent
partial |
| * miscellaneous |
SC |
CA |
| permanent
total |
| * compensation awarded |
SC |
CA |
| * compensation denied |
SC |
CA |
| * disability factors |
SC |
|
*
discovery
|
SC
|
CA
|
| * medical evidence |
SC |
CA |
| * miscellaneous |
SC |
CA |
| * order requirements |
SC |
|
| * retirement |
SC |
|
* statutory permanent
total
|
SC
|
CA
|
| * termination |
SC |
|
| retaliatory
discharge (Supreme Court only) |
| * miscellaneous |
SC |
N/A |
| settlement |
* 30
day waiting
period
|
SC
|
CA |
* bwc
authority
|
SC
|
|
| * miscellaneous |
SC |
CA |
| temporary
total |
| * abandonment of employment |
SC |
CA |
| * date of termination |
SC |
|
| * evidence |
SC |
CA |
| * former position of employment |
SC |
|
* good
faith job
offer
|
SC |
CA |
| * maximum medical improvement |
SC |
CA |
| * miscellaneous |
SC |
CA |
| * return to employment |
SC |
CA |
| trial
practice |
* costs
|
SC |
CA |
| * jurisdiction |
SC |
CA |
* jury
instructions/interrogatories
|
|
CA |
*
medical
evidence/testimony/exam
|
|
CA |
| * miscellaneous |
SC |
CA |
*
notice of
appeal/complaint
|
|
CA |
*
remand to
Industrial Commission
|
|
CA |
| * subrogation |
SC |
CA |
*
voluntary dismissal
|
SC |
CA |
| vssr |
|
* amendment
|
SC |
|
|
* application
|
SC |
|
|
* grandfather clause
|
SC |
|
|
* miscellaneous
|
SC |
CA |
|
* negligence by employee
|
SC |
CA |
|
* specific rules
|
SC |
CA |
| * workshop and factories |
SC |
|
| wage
loss |
| * job search, good faith |
SC |
CA |
| * medical requirements |
SC
|
|
| * miscellaneous |
SC |
CA |
| * part-time employment |
SC |
CA |
| * self-employment |
SC |
|
|
|
|
Recent
Decisions
|
| (date
of
decision in parenthesis, followed by date decision posted on Supreme
Court's web site) |
|
|
|
| Mitchell v. Cambridge Home Health Care, Inc. (9/10/08, posted 9/10/08), 9th
District |
| Injury:
"Going and coming" rule applies to home health care worker who only
worked at home of one patient and who was only paid for time worked at
home of patient. |
|
| Brown, State ex rel. v. Plastics Products Div. (9/9/08, posted 9/9/08), 10th
District |
| Temporary Total:
Because non-allowed condition cannot be used to deny temporary total
when the allowed condition renders the injured worker temporarily and
totally disabled, and because non-allowed condition prevented treatment
only for a short period of time, existence of non-allowed condition
does not support finding that injured worker's condition was at maximum
medical improvement until that non-allowed condition was resolved. |
|
| Masden v. CCI Supply, Inc. (8/29/08, posted 8/29/08), 2d
District |
| Injury:
Traveling employee injured in fight started by another at a hotel he
was required to stay in by employer is entitled to participate for
injury. |
|
| Bennett, State ex rel. v. Indus. Comm. (8/28/08, posted 8/28/08), 10th
District |
| Temporary Total: Commission did not abuse discretion when it terminated temporary total compensation upon award of statutory permanent total. |
|
| Howard v. Penske Logistics, L.L.C. (8/27/08, posted 8/27/08), 9th
District |
| Trial Practice: Attempted R.C.
4123.512 appeal which did not indicate what order was being appealed
and which did not notify all parties of the attempt to appeal was not
in "substantial compliance" and did not provide the trial court with
jurisdiction over the appeal. |
|
| Prewitt v. Alexson Servs., Inc. (8/25/08, posted 8/25/08), 12th
District |
| Employment: Employer is not entitled to immunity under R.C. 4123.74 from lawsuit resulting from rape by a co-employee. |
|
| Benton v. Hamilton Cty. Educational Serv. Ctr. (8/22/08, posted 8/22/08), 1st
District |
| Trial Practice: Trial Court has
jurisdiction to hear R.C. 4123.512 appeal from an Industrial Commission
decision not to terminate a claim based on the employer's allegation of
fraud. |
|
|
| |
