Permanent Total Cases: Termination
(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
injured worker was awarded permanent total compensation based on
inability to perform physically demanding duties, and subsequently
became capable of performing physically demanding duties, evidence
supported Commission decision to terminate permanent total.
Vote: 5-2
Opinion by: Per Curiam
Commission properly terminated permanent total award where claimant was working as a minister.
Vote: 7-0
Opinion by: Per Curiam
Evidence
supported Commission finding that worker who had engaged in work
activity while receiving permanent total disability was not entitled to
permanent total received and had committed fraud.
Vote: 7-0
Opinion by: Per Curiam
Evidence
of claimant's activities must be viewed in context, permanent total
claimants are not required to remain housebound. Evidence of
claimant's activities did not demonstrate ability to perform activities
on sustained basis sufficient to find that claimant was not entitled to
continued receipt of permanent total.
Vote: 5-2
Opinion by: Per Curiam
Evidence of change in injured worker's condition justified decision to terminate permanent total compensation.
Vote: 7-0
Opinion by: Per Curiam
Engaging
in sustained labor in return for pay constitutes sustained remunerative
employment which justifies termination of temporary total even where
the labor activity is illegal.
Vote: 7-0
Opinion by: Per Curiam
Commission did not abuse discretion in terminating permanent total and
declaring an overpayment based on finding that ongoing pattern of
illegal activity demonstrated ability to perform sustained remunerative
employment.
Vote: 6-0, 1 concurs in judgment only
Opinion by: Per Curiam
Where
claimant is actively doing work for which she could be paid, Commission
properly terminated permanent total even in the absence of medical
evidence indicating that she had ability to work.
Vote: 7-0
Opinion by: Per Curiam
Evidence
supported Commission's decision to terminate permanent total
compensation based on improvement of injured worker's condition.
Vote: 4-3
Opinion by: Lanzinger
Injured at Work?
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Associates can help you receive the workers’ compensation
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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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free. If you are interested in talking with us about a
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306 E. Gay St. | Columbus, OH 43215
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