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Recent
Ohio Supreme Court Decisions
This
page lists the most
recent workers' compensation decisions of the Ohio Supreme Court, in
chronological order. Click on the case name to see the full text of a case on the Ohio Supreme
Court's web site.
Click
here
for an index of
cases organized by topic from January 1,
1998 to present. You can also click on one of the links to the right to
see summaries of Ohio Supreme Court workers' compensation
decisions from previous years.
June 16
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| Dillard Dept. Stores, State ex rel. v. Ryan (6/16/09) |
| Employer: Self-insurer not entitled to reimbursement from surplus fund after injured worker dismisses employer's appeal due to settlement. |
Vote: 7-0
Opinion by: Moyer |
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June 11
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| Kestler, State ex rel. v. Wellness Ctr. Health Assoc., L.L.C. (6/11/09) |
| Temporary Total: Commission
must clarify what part of doctor's opinion it is relying on
when denying temporary total based on a medical report which
contained different conclusions which could lead to different results. |
Vote: 7-0
Opinion by: Per Curiam |
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<< No decisions indexed >>
April 2
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| Tracy, State ex rel. v. Indus. Comm. (4/2/09) |
| Temporary Total: Exacerbation
of allowed condition is not new injury and does not justify denying
temporary total; hearing officer cannot create inference from doctor's
report by taking isolated words out of context. |
Vote: 7-0
Opinion by: Per Curiam |
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March 24
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| DaimlerChrysler Corp., State ex rel. v. Indus. Comm. (3/24/09) |
| Temporary Total: Injured
worker remains entitled to temporary total compensation when the injury
is not at MMI even if the condition will permanently prevent the
injured worker from returning to the former position of employment. |
Vote: 6-0
Opinion by: Per Curiam |
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| Metcalfe, State ex rel. v. Indus. Comm. (3/24/09) |
| VSSR: Safety
code provision requiring device to lock controls in off position
when machine is shut down for cleaning did not apply when machine's
controls had to be in "on" position for cleaning. |
Vote: 7-0
Opinion by: Per Curiam |
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February 17
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| Shelly Co., State ex rel. v. Steigerwald (2/17/09) |
| VSSR: When
making VSSR award, Commission is permitted to draw inferences from
post-accident evidence and has substantial leeway in evaluating
evidence and drawing inferences. |
Vote: 7-0
Opinion by: Per Curiam |
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February 5
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| Thorton v. Montville Plastics & Rubber, Inc. (2/5/09) |
| Trial Practice: Provisions
of 2006 amendments applying to injured worker's ability to dismiss
employer appeal apply prospectively, not retroactively; effective date
of 2006 amendments was August 25, 2006. |
Vote: 5-2
Opinion by: O'Connor |
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