Wage Loss Cases: Part-Time Employment
(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.
Even
if wage loss claimant voluntarily limited herself to part-time work,
O.A.C. 4125-1-01(F)(3)(b) requires Commission to consider wage loss for
the number of hours worked. Requirement of 90 day updates of
medical reports does not apply to a retroactive claim for wage loss
compensation.
Vote: 7-0
Opinion by: Per Curiam
Claimant
working part-time entitled to wage loss. Issue for part-time worker is
whether or not claimant is making lifestyle choice. Because claimant
had a high-paying part-time job, with potential, claimant could not be
required to leave that job to seek other work.
Vote: 7-0
Opinion by: Per Curiam
Commission
did not abuse discretion in determining that reduced wages due to
part-time employment were due to lifestyle choice, and not caused by
injury where evidence indicated that injured worker was capable of full
time work.
Vote: 7-0
Opinion by: Per Curiam
To
be eligible for wage loss compensation, injured worker must show that
the industrial condition prevents them from continuing their former
employment and prevented them from getting comparably paying work;
where the injured worker is engaged in part-time work, they must also
show that wage loss is caused by allowed condition, not lack of desire
to work full time.
Vote: 6-1
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
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