Temporary Total Cases: Maximum Medical Improvement
(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.
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
Authorization
of weight loss program did not bar finding of maximum medical
improvement. Additionally, claimant failed to sustain burden of showing
causal relationship between allowed condition and inability to return
to former position of employment.
Vote: 7-0
Opinion by: Per Curiam
Doctor's
finding that claimant's condition had reached MMI, but that claimant's
symptoms would gradually dissipate, was inconsistent and therefore not
valid evidence of MMI.
Vote: 7-0
Opinion by: Per Curiam
Improvement
of non-allowed condition which permitted claimant to undergo
rehabilitation did not constitute new and changed circumstances
sufficient to reinstate temporary total.
Vote: 5-2
Opinion by: Per Curiam
Temporary
total can be restarted after it has been terminated due to a finding of
MMI (maximum medical improvement) when condition worsens as a result of
treatment.
Vote: 7-0
Opinion by: Per Curiam
Claimant
entitled to temporary total compensation where treating physician's
finding of maximum medical improvement was contingent upon completion
of a functional capacity evaluation.
Vote: 5-2
Opinion by: Justice Sweeney
Once
Commission determined that injured worker's condition was at maximum
medical improvement, there was no basis for continuing payment of
temporary total compensation. Employer was entitled to reimbursement
from surplus fund (under former statutes) for amounts improperly paid.
Vote: 7-0
Opinion by: Per Curiam
If
there is conflicting evidence over whether or not injured worker's
condition is at maximum medical improvement, proper date for
terminating temporary total is the date of the hearing which determines
that the injured worker's condition is at maximum medical improvement
and Commission cannot declare overpayment for amount paid before the
hearing.
Vote: 4-2, 1 concur separately
Opinion by: Justice Resnick
Where
BWC made conscious decision to extend temporary total compensation,
there was not a clerical error which justified exercise of
continuing jurisdiction to redetermine injured worker's entitlement to
temporary total.
Vote: 7-0
Opinion by: Per Curiam
Doctor's
opinion that condition had reached maximum medical improvement was
premature where doctor was unaware of approved treatment plan; because
opinion was premature, it did not support order terminating temporary
total based on MMI.
Vote: 7-0
Opinion by: Per Curiam
Where
a treating doctor issued conflicting opinions regarding whether the
injured worker's condition was at maximum medical improvement, the
proper date for finding maximum medical improvement and terminating
temporary total was the date of the hearing.
Vote: 7-0
Opinion by: Per Curiam
Where
weight loss program would not be curative of the injury, authorization
of weight loss program did not preclude finding of maximum medical
improvement.
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.
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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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