Permanent Total Cases: Order Requirements
(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.
Commission
order denying permanent total must set forth what physical capabilities
the Commission finds the injured worker has. Where Commission order
accepts contradictory medical conclusions about an injured worker's
physical capabilities, case must be returned to the Commission for the
Commission to clarify.
Vote: 7-0
Opinion by: Per Curiam
Commission's
order denying permanent total did not adequately explain how disability
factors supported decision to deny permanent total. Commission did not
explain how injured worker with limited abilities was qualified to
obtain G.E.D. Commission's findings regarding injured worker's limited
abilities conflict with its finding that injured worker could obtain
G.E.D.
Vote: 4-3
Opinion by: Justice Douglas
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
Where
Commission just recites injured worker's non-medical profile, without
explanation of how it renders injured worker capable of sedentary work,
explanation is insufficient. Additionally, reference to "sedentary low
stress positions in the food service industry" must be explained
because jobs in that industry are generally considered neither
sedentary nor low stress.
Vote: 7-0
Opinion by: Per Curiam
Injured
worker challenged permanent total denial order. Court held that (1)
order's listing of evidence relied on (rather than all evidence
considered) was valid, and (2) although Commission had a responsibility
to consider effect of age, failure to do so where all other vocational
factors were positive did not invalidate order.
Vote: 5-2
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
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