Occupational Disease Cases: Change of Occupation Award
(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.
Where
claim allowance indicated that respiratory disease was due to exposure
to fumes and vapors, claimant was not eligible for change of occupation
award which only applies where respiratory disease is due to exposure
to dust.
Vote: 4-2
Opinion by: Per Curiam
Commission
properly relied on doctor's report to deny permanent total where doctor
indicated that condition was not currently disabling. Report did not
indicate repudiation of allowance. Worker who suffered
a dust-induced occupational disease is eligible for change of
occupation award.
Vote: 5-2
Opinion by: Justice Lundberg Stratton
Different
standard applies to first 30 weeks of change of occupation award than
later 100 weeks. First 30 weeks do not require job search, but
later 100 weeks do.
Vote: 7-0
Opinion by: Per Curiam
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