Wage Loss Cases: Medical Requirements
(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.
Wage
loss compensation must be based on allowed condition. However,
non-allowed condition does not bar wage loss compensation if the
allowed condition causes sufficient disability to entitle the injured
worker to wage loss compensation.
Vote: 5-2
Opinion by: Per Curiam
If
allowed condition does not prevent injured worker from returning to
former position of employment, injured worker is not entitled to wage
loss compensation. Where injured worker has been laid off, but was
capable of performing their former position of employment, the injured
worker is not entitled to wage loss. If allowed condition does prevent
injured worker from returning to former position of employment, injured
worker can be entitled to wage loss compensation, regardless of whether
the job has been abolished.
Vote: 7-0
Opinion by: Per Curiam
Wage
loss is not payable when the injured worker is earning as much as
before the injury. Nor can wage loss be paid when there is not medical
evidence demonstrating that the inability to return to the former
position of employment is due to the allowed condition(s).
Vote: 7-0
Opinion by: Per Curiam
Non-allowed
conditions are irrelevant, if allowed conditions are disabling.
Therefore doctor's report, on form provided by Bureau, which indicated
inability to work was due to allowed conditions supported wage loss
even if report made reference to disabilities in additional parts of
the body (which was information requested by Bureau). Doctor's
report was not inconsistent where doctor in narrative limited claimant
to lifting 15 pounds, and checked on Bureau form that claimant could
never lift 10-20 pounds, because answers were consistent.
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
Please read our
legal
notice.
