Permanent Total 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.
An
injured worker who was receiving permanent total was not ineligible for
permanent total based on activities in shop owned by wife when those
activities were not remunerated or inconsistent with the
injured
worker's physical limitations; additionally, even if the activities
were considered to be employment, they would not bar permanent total
because there was no evidence that the injured worker was capable of
performing them on a sustained basis.
Vote:
7-0
Opinion by: Per
Curiam
Commission properly determined permanent total start date.
Vote:
7-0
Opinion by:
Per Curiam
Commission
must resolve conflict between order granting permanent total which
indicated that claimant had involuntarily left workforce and order
denying temporary total which indicated that claimant had voluntarily
left workforce.
Vote:
7-0
Opinion by: Per
Curiam
Last
injurious exposure rule does not apply to allocation of permanent total
disability; where evidence attributes disability to first claim,
Commission properly allocated award of permanent total to that claim.
Vote: 5-2
Opinion by: Per
Curiam
Permanent
total compensation is awarded when an individual cannot perform
sustained remunerative employment; isolated and brief work activities
do not establish ability to perform sustained remunerative employment.
Vote: 6-1
Opinion by: Per
Curiam
Commission did not abuse discretion by denying permanent total based on
failure of injured worker to participate in vocational rehabilitation
where he was medically capable of sustained remunerative employment and
had not attempted rehabilitation but been prevented from completing
rehabilitation due to circumstances beyond his control.
Vote: 7-0
Opinion by: Per Curiam
Court holds that injured worker cannot receive permanent
partial and permanent total for the same time periods.
Vote:
5-2
Opinion by: Per
Curiam
Injured
worker whose treating doctor says is incapable of sustained
remunerative employment is not barred from receipt of permanent total
by failing to accept job offered by employer.
Vote:
7-0
Opinion by: Per
Curiam
Permanent total cannot be denied because claimant refused
a bona fide
job offer where job offer was not within claimant's restrictions as
found by attending physician.
Vote: 4-3
Opinion by:
Justice Pfeifer
Commission
did not abuse its discretion in determining that individual who was
paid for activities done to promote business was engaged in sustained
remunerative employment.
Vote:
7-0
Opinion by:
Per Curiam
Commission can interpret medical evidence to find injured
worker is physically incapable of working even if the medical evidence
does not explicitly state that the injured worker is medically
incapable of work.
Vote:
7-0
Opinion by:
Per Curiam
Special
circumstances of case involving worker with 1969 injury who worked
until 1997 justified applying permanent total maximum rate in effect in
1997 to determine permanent total award, rather than permanent total
maximum rate in effect in 1969.
Vote:
4-3
Opinion by:
Justice Resnick
Evidence
of possible new and changed circumstances supported
Commission's order that employer was entitled to new medical exam of
injured worker who had been previously awarded permanent total
compensation to determine whether injured worker's condition had
changed sufficiently that he was no longer permanently and totally
disabled.
Vote:
7-0
Opinion by:
Per Curiam
Interlocutory award of permanent total did not require
Commission to find injured worker permanent total.
Vote:
7-0
Opinion by: Justice
Douglas
Injured at Work?
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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).
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