Permanent Total Cases: Retirement

(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.

Cinergy Corp./Duke Energy v. Heber, State ex rel. (10/4/11)

Injured worker is not required to provide medical evidence prepared at the time of retirement to establish voluntary nature of retirement because Commission is entitled to draw inferences from any evidence submitted to determine about whether or not a retirement was voluntary.

Vote: 7-0
Opinion by: Per Curiam

E.I. DuPont DeNemours & Co., State ex rel. v. Indus. Comm. (10/23/07)

Worker who suffered from occupational disease with long latency period is not disqualified from receipt of permanent total by retirement.

Vote: 7-0
Opinion by: Per Curiam

LTV Steel Co., State ex rel. v. Indus. Comm. (3/24/99)

Where injured worker retired two years before becoming permanent total, Commission must consider whether retirement was voluntary, so as to bar permanent total.

Vote: 6-0, 1 concur judgment only
Opinion by: Justice Pfeifer

Reliance Elec. Co., State ex rel. v. Wright (6/27/01)

Commission properly awarded permanent total to individual who had retired where he was diagnosed with pneumoconiosis years after he had retired.

Vote: 4-3
Opinion by: Justice Resnick

Permanent Total Cases: Retirement

(Supreme Court)

Cinergy Corp./Duke Energy v. Heber, State ex rel. (10/4/11)

Injured worker is not required to provide medical evidence prepared at the time of retirement to establish voluntary nature of retirement because Commission is entitled to draw inferences from any evidence submitted to determine about whether or not a retirement was voluntary.

Vote: 7-0 Opinion by: Per Curiam

E.I. DuPont DeNemours & Co., State ex rel. v. Indus. Comm. (10/23/07)

Worker who suffered from occupational disease with long latency period is not disqualified from receipt of permanent total by retirement.

Vote: 7-0Opinion by: Per Curiam

LTV Steel Co., State ex rel. v. Indus. Comm. (3/24/99)

Where injured worker retired two years before becoming permanent total, Commission must consider whether retirement was voluntary, so as to bar permanent total.

Vote: 6-0, 1 concur judgment onlyOpinion by: Justice Pfeifer

Reliance Elec. Co., State ex rel. v. Wright (6/27/01)

Commission properly awarded permanent total to individual who had retired where he was diagnosed with pneumoconiosis years after he had retired.

Vote: 4-3Opinion by: Justice Resnick

Injured at Work?

Vote: 7-0
Opinion by: Per Curiam

Vote: 7-0
Opinion by: Per Curiam

Vote: 6-0, 1 concur judgment only
Opinion by: Justice Pfeifer

Vote: 4-3
Opinion by: Justice Resnick