Stewart Jaffy & Assoc., 306 E. Gay St., Columbus OH 43209
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Permanent Total Cases: Compensation Awarded

(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. 

Hartness, State ex rel. v. Kroger Co. (4/22/98)

Commission cannot deny permanent total based on impairment and youth where injured worker lacks intellectual capability to be retrained. Where an injured worker had only worked at heavy labor, as a result of injury could only perform sedentary work, and is functionally illiterate, permanent total must be awarded.

Vote: 5-2
Opinion by: Per Curiam

Kinnebreu, State ex rel. v. Clinic Center Hotel (1/14/98)

Permanent total awarded where Commission relied on vocational report to deny permanent total, but vocational report supported finding of permanent total.

Vote: 4-3
Opinion by: Justice Pfeifer

Nickell, State ex rel. v. Indus. Comm. (9/23/98)

Injured worker who was 56 years old, has eighth grade education, unskilled work history (as a cashier and factory worker), and was described as a poor candidate for rehabilitation by the doctor relied on by the Commission is entitled to permanent total compensation. Court explains that there is no point in sending the case back to the Commission for further consideration because the Commission "cannot identify something that does not exist" (in other words, the Commission could not find this injured worker to have skills for sustained remunerative employment).

Vote: 5-2
Opinion by: Per Curiam
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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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