Current through: August 31, 2010
Ohio Supreme Court Decisions
This page lists the current
year's Ohio Supreme Court workers' compensation
decisions.
Decisions which adopt the decision of a lower court or Magistrate, or
which decide a case based on a previous decision, are excluded.
Click on the case name to see the full text of a case on the
Ohio
Supreme Court's web site.
You can also see our
index of
cases organized by topic from January 1, 1998 to present or
our
archive of
Ohio Supreme Court workers' compensation decision summaries from
previous years.
August 2010
August 18
Wage Loss: Commission did not improperly deny wage loss compensation based on failure to perform good faith job search.
Vote: 4-3
Opinion by: Per Curiam
Permanent Total: 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
July 2010
July 13
Amputation/Loss
of Use: Commission
did not abuse its discretion in granting loss of vision award based on
pre-injury vision which had been corrected by a corneal transplant.
Vote:
7-0
Opinion by: Per
Curiam
June 2010
June 8
Employer:
Employer which opts-out of surplus fund reimbursement program is
entitled to reimbursement from the surplus fund for medical payments it
made for conditions which were disallowed after the employer opted-out
of the program.
Vote: 6-0
Opinion by: Per
Curiam
AWW:
Commission properly included wages from the two jobs the injured worker
held before the injury when calculating the average weekly wage upon
which compensation for the injury is paid.
Vote: 5-0
Opinion by:
Per Curiam
May 2010
<< No decisions indexed >>
April 2010
<< No decisions indexed >>
March 2010
March 23
Intentional
Tort:
Intentional tort statute (R.C. 2745.01) is not
unconstitutional.
Statutory provisions, rather than common law provisions, govern
consideration of intentional tort.
Vote:
4-1, 1 concurs in judgment only, 1 concurs in part
Opinion by: Cupp
Intentional
Tort: Intentional tort statute (R.C. 2745.01) is
not unconstitutional.
Vote: 5-1,
1 concurs in answers only
Opinion by:
Cupp
March 3
Amputation/Loss
of Use: Loss of use award cannot be based solely on
report by physical therapist who is not a licensed physician.
Vote:
7-0
Opinion by:
Per Curiam
February 2010
February 24
Mandamus:
An administrative appeal is an adequate remedy at law; therefore,
failure to pursue administrative appeal means mandamus relief cannot
issue.
Vote: 7-0
Opinion by: Per
Curiam
VSSR: Possession
of another's safety harness does not compel finding that injured worker
was not provided safety harness.
Vote: 7-0
Opinion by:
Per Curiam
January 2010
January 28
Temporary
Total: Although
injured worker is not entitled to temporary total for period during
which he worked, fact that he had worked for one week during which
temporary total was awarded did not justify vacating entire award of
temporary total or finding of fraud.
Vote:
7-0
Opinion by: Per
Curiam
January 21
Temporary
Total: Court
cannot evaluate arguments regarding voluntary abandonment in light of
incomplete record and contradictory evidence; therefore, case is
returned to Commission for clarifying order.
Vote:
7-0
Opinion by:
Per Curiam
January 6
Temporary
Total: Commission
did not abuse its discretion in finding voluntary abandonment based on
record indicating employer had notified employee that she would be
fired for any future violation of any work rule.
Vote: 7-0
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
http://www.jaffylaw.com
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