Ohio Supreme Court Decisions

Ohio Supreme Court Decisions

Current through: October 2, 2017

Select the case name to read the decision on the Ohio Supreme Court’s web site. You can also see appellate court decisions or decisions organized by topic.

2017

September 2017

Ferguson v. State (9/28/17)

Trial Practice: Provision of R.C. 4123.512(D) barring injured worker from unilaterally dismissing complaint in employer appeal is not unconstitutional.

Vote: 5-0, 2 concur in judgment only
Opinion by: DeWine

Camaco, L.L.C., State ex rel. v. Albu (9/14/17)

VSSR: Employer which lacked knowledge of latent defect cannot be liable for a VSSR.

Vote: 4-1, 2 concur in part and dissent in part
Opinion by: DeWine

Ohio Presbyterian Retirement Servs., Inc., State ex rel. v. Indus. Comm. (9/14/17)

Permanent Partial: Injured worker who has been awarded permanent total cannot receive a permanent partial award in the same claim.

Vote: 6-1
Opinion by: Kennedy

August 2017

<< No Decisions Indexed >>

July 2017

R&L Carriers Shared Servs., L.L.C., State ex rel. v. Indus. Comm. (7/19/17)

Permanent Total: Form filled out by doctor which indicated injured worker was incapable of working supported Commission decision to award permanent total, even though doctor also listed specific limitations the injury caused on the injured worker's ability to work under an entry on the form stating that the injured worker could work with limitations.

Vote: 5-2
Opinion by: Per Curiam

June 2017

McKee, State ex rel. v. Union Metal Corp. (6/29/17)

Permanent Total: Evidence, which included prior Commission findings that injured worker had abandoned his employment, retained ability to work, and had not pursued employment or retaining, supported Commission decision that worker was ineligible for permanent total due to voluntarily abandonment.

Vote: 7-0
Opinion by: Per curiam

May 2017

Bonnlander, State ex rel. v. Harmon (5/30/17)

Permanent Total: Whether injured worker can perform sustained remunerative employment is determined on a case by case basis, and there is no set hourly amount an injured worker must be capable of working to determine that they are capable of sustained remunerative employment.

Vote: 7-0
Opinion by: Per curiam

Clendenin v. Girl Scouts of W. Ohio (5/18/17)

Injury: Commission decision that pre-existing condition substantially aggravated by an injury at work had returned to the status it would have had if the workplace injury had not occurred involves extent of disability, not right to participate, and must be challenged by mandamus action rather than R.C. 4123.512 appeal.

Vote: 6-0, 1 concurs in judgment only
Opinion by: O'neill

April 2017

James, State ex rel. v. Wal-Mart Stores, Inc. (4/20/17)

Temporary Total: Evidence supported Commission decision that injured worker who left his employment of injury to seek other employment, was later fired by his new employer for excessive absenteeism (unrelated to the injury) and never returned to work after that, had abandoned his employment and therefore lost eligibility for temporary total compensation.

Vote: 6-0
Opinion by: Per Curiam

March 2017

<< No Decisions Indexed >>

February 2017

<< No Decisions Indexed >>

January 2017

<< No Decisions Indexed >>

2016

December 2016

Cordell, State ex rel. v. Pallet Cos., Inc. (12/29/16)

Temporary Total: Injured worker who is fired after the injury for conduct which occurred before the injury (and which is unrelated to the injury) has not abandoned their employment and remains entitled to temporary total if the reason they were fired was discovered due to the injury and they were medically unable to work at the time they were fired.

Vote: 4-2, 1 concurs in judgment only
Opinion by: O'Neill

Carroll, State ex rel. v. Galion Assisted Living, Ltd. (12/14/16)

Mandamus: Because Commission order denying claim can be appealed under R.C. 4123.512 it cannot be challenged by a mandamus action.

Vote: 7-0
Opinion by: Per Curiam

Ohio Presbyterian Retirement Servs., Inc., State ex rel. v. Indus. Comm. (12/8/16)

Permanent Partial: Commission cannot award permanent partial compensation in a claim where an injured worker has already been awarded permanent total compensation, even if the permanent partial award is based on a condition which did not factor into the decision to award permanent total.

Vote: 5-2
Opinion by: Per Curiam

BF Goodrich Co., Specialty Chems. Div., State ex rel. v. Indus. Comm. (12/6/16)

Wage Loss: Injured worker who returned to light duty position which was ineligible for overtime due to terms of collective bargaining agreement is entitled to working wage loss compensation based on the wage loss caused by the lack of overtime.

Vote: 5-2
Opinion by: Per Curiam

November 2016

November 16, 2016

Manpower of Dayton, Inc., State ex rel. v. Indus. Comm. (11/16/16)

Permanent Total: Medical evidence supported Commission decision to grant permanent total based solely on medical restrictions caused by injury.

Vote: 7-0
Opinion by: Per Curiam

October 2016

<< No Decisions Indexed >>

September 2016

<< No Decisions Indexed >>

August 2016

<< No Decisions Indexed >>

July 2016

July 26, 2016

Perez, State ex rel. v. Indus. Comm. (7/26/16)

Fraud: Based on the Commission's determination that injured worker had been engaged in work activities at garage he owned while receiving temporary total from 2007-2011, C-84 forms signed by claimant indicating he had not engaged in work since 2003, and claimant's misrepresentations to doctors about the extent of his activities at the garage, the evidence supported Commission finding of fraud.

Vote: 6-1
Opinion by: Per Curiam

July 21, 2016

Onderko v. Sierra Lobo, Inc. (7/21/16)

Retaliatory Discharge: Worker does not have to establish that they suffered a workplace injury to establish a prima facie case of R.C. 4123.90 retaliatory discharge; nor does failure to establish the right to participate for a workers' compensation claim prevent a worker from pursuing an R.C. 4123.90 retaliatory discharge claim.

Vote: 6-1
Opinion by: O'Neill

July 20, 2016

Aaron's, Inc., State ex rel. v. Ohio Bur. of Workers' Comp. (7/20/16)

Employer: BWC had authority to retroactively adjust the premiums it charged an employer to correct the employer's improper classification of its employees, even without evidence of intentional wrongdoing.

Vote: 4-3
Opinion by: Per Curiam

June 2016

<< No Decisions Indexed >>

May 2016

<< No Decisions Indexed >>

April 2016

April 19, 2016

Stolz v. J & B Steel Erectors, Inc. (4/19/16)

Employment: Subcontractor enrolled in self-insured construction project plan has immunity from tort suit filed by employee of another enrolled subcontractor working on the same project as long as the employee has a compensable Ohio workers' compensation claim.

Vote: 5-2
Opinion by: O'Connor

April 13, 2016

Boyd, State ex rel. v. Scotts Miracle-Gro Co. (4/13/16)

Permanent Total: Commission did not abuse its discretion in denying permanent total to worker suffering from asbestosis based on medical report from doctor who was not a certified "B reader" because resolution R03-1-02, which requires evidence from a certified "B reader", only applies to the initial allowance of an asbestosis claim.

Vote: 5-1, 1 concurs in judgment only
Opinion by: Per Curiam

March 2016

<< No Decisions Indexed >>

February 2016

February 2, 2016

Old Dominion Freight Line, Inc., State ex rel. v. Indus. Comm. (2/2/16)

Permanent Total: Although Commission should have sent employer's medical reports to doctors examining for the Commission before the examination, it cured the error when it sent the employer's reports to the doctor after the examination and requested an addendum based on those reports.

Vote: 4-2, 1 not participating
Opinion by: Per Curiam

January 2016

<< No Decisions Indexed >>

2015

December 2015

December 16, 2015

Ritzie,State ex rel. v. Reece-Campbell, Inc. (12/16/15)

Temporary Total: Record supported Commission decision to reject doctor's opinion that injured worker was temporarily and totally disabled.

Vote: 7-0
Opinion by: Per Curiam

November 2015

November 30, 2015

Precision Steel Servs., Inc., State ex rel. v. Indus. Comm. (11/24/15)

VSSR: Industrial Commission cannot find a safety violation by construing the generic terms "equipment" and "device" in a safety rule to apply to a latch on a hook because the rule did provide the employer with sufficient notice of the safety requirement.

Vote: 4-2, 1 not participating
Opinion by: Per Curiam

November 3, 2015

Armstrong Steel Erectors, Inc., State ex rel. v. Indus. Comm. (11/3/15)

VSSR: Unilateral negligence defense does not apply to bar VSSR award because evidence supported Commission finding that employer had failed to comply with requirements of safety code.

Vote: 7-0
Opinion by: Per Curiam

October 2015

<< No Decisions Indexed >>

September 2015

<< No Decisions Indexed >>

August 2015

<< No Decisions Indexed >>

July 2015

<< No Decisions Indexed >>

June 2015

June 30, 2015

Oldaker, State ex rel. v. Indus. Comm. (6/30/15)

Wage Loss: Commission did not abuse its discretion denying wage loss to injured worker who only conducted a brief job search before he accepted a low-paying, entry-level, job without prospects that it would develop into higher paying work, because injured worker had not conducted a good faith job search.

Vote: 7-0
Opinion by: Per Curiam

June 24, 2015

Tradesmen Internatl., State ex rel. v. Indus. Comm. (6/24/15)

Permanent Total: Commission properly determined that restrictions listed in medical report were sufficient to render injured worker incapable of working even though doctor indicated that the injured worker retained an ability to perform sedentary work with restrictions; Commission did not abuse its discretion when it determined that the medical report was based on allowed conditions even though doctor only referenced "back pain" and failed to explicitly list the allowed back conditions.

Vote: 7-0
Opinion by: Per Curiam

June 16, 2015

Lacroix, State ex rel. v. Indus. Comm. (6/16/15)

Permanent Total: Because Industrial Commission is vocational expert, it has discretion to accept vocational report, even if it contained some flaws.

Vote: 5-2
Opinion by: Per Curiam

 WFAL Constr., State ex rel. v. Buehrer (6/16/15)

Employer: Some evidence supported BWC finding that construction workers were employees, rather than independent contractors, when determining employer's responsibility for paying workers' compensation premiums.

Vote: 7-0
Opinion by: Per Curiam

May 2015

<< No Decisions Indexed >>

April 2015

April 9, 2015

Metz, State ex rel. v. GTC, Inc. (4/9/15)

Permanent Total: Medical report which limited injured worker to sedentary work and contained restrictions which did not conflict with administrative code definition of sedentary was valid evidence to support Industrial Commission order denying permanent total.

Vote: 5-2
Opinion by: Per Curiam

Alhamarshah, State ex rel. v. Indus. Comm. (4/9/15)

Mandamus: Commission decision that employer's administrative appeal substantially complied with statutory requirements for notice of appeal was essential part of Commission's ultimate decision to deny claim; therefore, issue of whether Commission properly decided to permit appeal became part of allowance issue and can only be challenged by R.C. 4123.512 appeal, not mandamus.

Vote: 7-0
Opinion by: Per Curiam

April 8, 2015

Stevens, State ex rel. v. Indus. Comm. (4/8/15)

Continuing Jurisdiction: Commission hearings enjoy presumption of regularity which places burden on party challenging exercise of continuing jurisdiction to prove improper exercise of continuing jurisdiction; Hearing officer's failure to address evidence of voluntary abandonment constituted a mistake of law which justified Commission exercise of continuing jurisdiction.

Vote: 6-0
Opinion by: Per Curiam

April 2, 2015

Romero, State ex rel. v. River City Drywall Supply, Inc. (4/2/15)

Permanent Partial: Commission acted within its discretion by awarding an impairment percentage between the two percentages found by the doctors whose reports it relied on.

Vote: 7-0
Opinion by: Per Curiam

Turner Constr. Co., State ex rel. v. Indus. Comm. (4/2/15)

Permanent Total: Evidence indicating injured worker was permanent total based on psychiatric condition allowed in 2007 claim supported Commission decision to allocate entire permanent total award to that claim.

Vote: 5-2
Opinion by: Per Curiam

April 1, 2015

Baker, State ex rel. v. Indus. Comm. (4/1/15)

Mandamus: Because Commission has no jurisdiction over fee dispute between BWC and injured worker's representative, and because there is no legal duty on BWC to pay attorney fee owed to injured worker's representative as a result of work that representative did to obtain award which the BWC seized to recoup overpayment, mandamus is not an available remedy.

Vote: 7-0
Opinion by: Per Curiam

March 2015

March 19, 2015

Penwell, State ex rel. v. Indus. Comm. (3/19/15)

VSSR: When a device complies with the specific safety requirements the one-time malfunction of the device when the injury occurred does not, on its own, demonstrate violation of the safety regulation.

Vote: 7-0
Opinion by: Per Curiam

March 18, 2015

Viking Forge Corp., State ex rel. v. Perry (3/18/15)

Temporary Total: Some evidence supported Commission decision that injured worker had not voluntarily abandoned his employment when Commission relied on injured worker's testimony that incident that caused employer to fire him was the fault of a co-worker.

Vote: 6-0
Opinion by: Per Curiam

March 12, 2015

Hoyle v. DTJ Ents., Inc. (3/12/15)

Intentional Tort: Insurance policy sold to employer which excludes acts committed with deliberate intent to injure employee does not provide coverage for employment intentional tort which, by its nature, requires finding that act occurred with intent to injure.

Vote: 3-2, 2 concur in syllabus and judgment only
Opinion by: French

February 2015

<< No Decisions Indexed >>

January 2015

January 22, 2015

Hildebrand, State ex rel. v. Wingate Transport, Inc. (1/22/15)

Temporary Total: Injured worker who quit job for personal reasons, unrelated to the injury, after his doctor released him to return to modified duty voluntarily abandoned his employment and became ineligible for temporary total.

Vote: 6-1
Opinion by: Per Curiam

January 20, 2015

Evert, State ex rel. v. Indus. Comm. (1/20/15)

Administrative Practice: Member of Industrial Commission who did not attend, listen to, or review transcript of hearing satisfied due process requirements when she reviewed claim file and discussed hearing with staff hearing officer who had been present at hearing and summarized testimony and arguments presented at hearing.

Vote: 7-0
Opinion by: Per Curiam

McCormick, State ex rel. v. McDonald’s (1/20/15)

Temporary Total: Subsequent request for, and approval of, treatment plan does not automatically invalidate doctor's opinion that condition has reached maximum medical improvement.

Vote: 7-0
Opinion by: Per Curiam

2014

December 2014

December 18, 2014

Pixley v. Pro-Pak Industries, Inc. (12/18/14)

Intentional Tort: Employer entitled to summary judgment on intentional tort claim since worker failed to prove that employer had deliberately removed safety guard.

Vote: 3-2, 1 concurs in judgment only, 1 concurs in judgment only and partially joins dissent
Opinion by: O'Donnell

Varney, State ex rel. v. Indus. Comm. (12/18/14)

Amputation/Loss of Use: Physician's opinion that injured worker had some functional use of fingers supported Commission decision to deny award for loss of use of fingers.

Vote: 5-2
Opinion by: Per Curiam

November 2014

November 25, 2014

RFFG, L.L.C., State ex rel. v. Ohio Bur. of Workers' Comp. (11/25/14)

Employer: BWC did not abuse its discretion when it determined that company which acquired assets of a business was a "successor in interest" for calculation of workers' compensation premiums when, at time of transfer, business remained substantially the same as that operated by previous company.

Vote: 7-0
Opinion by: Per Curiam

October 2014

October 21, 2014

Friebel v. Visiting Nurse Assn. of Mid-Ohio (10/21/14)

Injury: The "in the course of" and "arising out of" tests apply to determine whether a worker injured while traveling can receive workers' compensation; the employee's intention or purpose does not determine the right to participate.

Vote: 4-2, 1 concurs in judgment only
Opinion by: O'Connor

October 2, 2014

Parraz, State ex rel. v. Diamond Crystal Brands, Inc. (10/2/14)

Temporary Total: Termination due to violation of attendance policy in union contract constituted voluntary abandonment of employment which barred eligibility for temporary total.

Vote: 6-1
Opinion by: Per Curiam

September 2014

<< No decisions indexed >>

August 2014

August 27, 2014

Floyd, State ex rel. v. Formica Corp. (8/27/14)

Temporary Total: Whether injured worker retains eligibility for temporary total after retirement depends on whether they permanently abandoned the entire job market when they retired which requires the Commission to make a factual determination of intent.

Vote: 7-0
Opinion by: Per Curiam

Cleveland Professional Football, L.L.C., State ex rel. v. Buehrer (8/27/14)

Employer: BWC order assigning all of previous employer's risk experience to new employer did not properly evaluate or analyze whether new owner employed all of the employees employed by previous owner.

Vote: 6-0
Opinion by: Per Curiam

July 2014

July 2, 2014

Packaging Corp. of Am., State ex rel. v. Indus. Comm. (7/2/14)

Temporary Total: Commission decision to grant temporary total was supported by evidence in file, and Commission is not required to explain why it chose to rely on one medical report over another.

Vote: 5-0, 1 concurs in judgment only
Opinion by: Per Curiam

June 2014

<< No decisions indexed >>

May 2014

May 8, 2014

Bailey, State ex rel. v. Indus. Comm. (5/8/14)

Permanent Total: The evidence did not establish new and changed circumstances which would render a two year old medical report which the Commission relied on to deny permanent total stale and invalid support for the Commission's decision.

Vote: 7-0
Opinion by: Per Curiam

May 7, 2014

Honda of Am. Mfg., Inc., State ex rel. v. Indus. Comm. (5/7/14)

Temporary Total: Where evidence indicated that injured worker retired due to effects of allowed condition, injured worker remained eligible for post-retirement temporary total benefits.

Vote: 4-3
Opinion by: Per Curiam

Sheppard, State ex rel. v. Indus. Comm. (5/7/14)

Continuing Jurisdiction: Staff Hearing Officer's failure to address issue raised by employer is a "clear mistake of law" which justifies Commission exercise of continuing jurisdiction; once Commission exercises continuing jurisdiction, it has authority to review entire order.

Vote: 6-1
Opinion by: Per Curiam

April 2014

April 17, 2014

Richmond, State ex rel. v. Indus. Comm. (4/17/14)

VSSR: Commission may look to industry safety standards when determining how to interpret a specific safety requirement, although it may not base a VSSR award on industry safety standards which have not been adopted as specific safety requirements.

Vote: 7-0
Opinion by: Per Curiam

March 2014

<< No decisions indexed >>

February 2014

February 20, 2014

Robinson, State ex rel. v. Indus. Comm. (2/20/14)

Temporary Total: Commission properly determined that injured worker who had received copy of company policies and knew that her actions could result in termination lost eligibility for temporary total because she had voluntarily abandoned her employment when the employer terminated her for violating a work rule.

Vote: 5-1, 1 not participating
Opinion by: Per Curiam

February 19, 2014

Wyrick, State ex rel. v. Indus. Comm. (2/19/14)

Amputation / Loss of Use: Medical report which detailed restrictions on injured worker's ability to use his arm which demonstrated severe limitations on ability to use arm, but which concluded that injured worker retained significant function in arm was internally inconsistent and therefore Commission could not rely on report to deny amputation/loss of use award.

Vote: 4-3
Opinion by: Per Curiam

February 18, 2014

Smith, State ex rel. v. Indus. Comm. (2/18/14)

Amputation / Loss of Use: Evidence indicating that injured worker suffered loss of brain stem functioning which prevented him from being able to process visual and auditory signals did not support R.C. 4123.57 award for loss of vision and hearing.

Vote: 4-3
Opinion by: Per Curiam

January 2014

January 15, 2014

Roxbury, State ex rel. v. Indus. Comm. (1/15/14)

Temporary Total: Commission did not abuse its discretion by finding that injured worker who had neither sought work, or attempted vocational rehabilitation, while capable of working could not receive temporary total when their condition later became disabling because they had voluntarily abandoned the job market.

Vote: 7-0
Opinion by: Per Curiam

2013

December 2013

<< No decisions indexed >>

November 2013

November 27, 2013

Cline, State ex rel. v. Abke Trucking, Inc. (11/27/13)

Temporary Total: Although Commission has discretion to determine if injured worker voluntarily abandoned their employment, order denying compensation must contain sufficient explanation of the reason for its decision and the evidence supporting its finding.

Vote: 6-0
Opinion by: Per Curiam

November 14, 2013

Kelsey Hayes Co., State ex rel. v. Grashel (11/14/13)

Permanent Total: When evidence indicated that injured worker was not disabled by allowed condition at time of retirement, and injured worker made no subsequent attempt to return to the job market, injured worker voluntarily abandoned the job market and lost eligibility for permanent total compensation.

Vote: 4-3
Opinion by: Per Curiam

October 2013

October 17, 2013

Black, State ex rel. v. Indus. Comm. (10/17/13)

Permanent Total: Record contained evidence to support Commission's determination that injured worker had voluntarily retired and therefore was not entitled to permanent total compensation because he had abandoned the job market.

Vote: 7-0
Opinion by: Per Curiam

October 16, 2013

Hoffman, State ex rel. v. Rexam Beverage Can Co. (10/16/13)

Temporary Total: Whether injured worker abandoned employment and became ineligible for temporary total is question of fact for Commission to determine. Injured worker has burden of demonstrating their entitlement to temporary total, including the burden of demonstrating that they did not abandon their employment.

Vote: 6-0
Opinion by: Per Curiam

September 2013

September 18, 2013

Estate of Sziraki, State ex rel. v. Admr., Bur. of Workers’ Comp. (9/18/13)

Amputation/Loss of Use: Application for award is required to start process of awarding benefits, BWC does not have duty to award benefits when no application filed.

Vote: 4-3
Opinion by: Per Curiam

August 2013

August 29, 2013

Sigler, State ex rel. v. Lubrizol Corp. (8/29/13)

Administrative Practice: Due Process requires a member of the Industrial Commission to conduct a meaningful review of the evidence, but does not prohibit a Commissioner who does not attend the hearing from voting when he reviews the evidence, including hearing testimony, in some other manner.

Vote: 5-2
Opinion by: Per Curiam

July 2013

<< No decisions indexed >>

June 2013

June 18, 2013

Scott, State ex rel. v. Indus. Comm. (6/18/13)

VSSR: Commission did not abuse its discretion by relying on air-quality test results which occurred after the employee's exposure period ended in determining that no VSSR occurred.

Vote: 6-1
Opinion by: O'Connor

June 11, 2013

Coleman, State ex rel. v. Indus. Comm. (6/11/13)

Permanent Total: Term "loss of use" in R.C. 4123.57(B) has different meaning than in R.C. 4123.58(C); therefore, R.C. 4123.57(B) award for loss of use of body parts does not compel award of R.C. 4123.58(C) statutory permanent total.

Vote: 7-0
Opinion by: Per Curiam

June 4, 2013

Armstrong v. John R. Jurgensen Co. (6/4/13)

Injury: For an injured worker to participate for post traumatic stress disorder (PTSD) which arose at same time worker suffered physical injury a causal relation must exist between the physical injury and the PTSD.

Vote: 5-2
Opinion by: French

May 2013

May 14, 2013

Kish, State ex rel. v. Kroger Co. (5/14/13)

Medical: Commission can deny award based on doctor's addenda to his initial report even though it implicitly rejected initial report because although addenda relied on same findings as initial report it addressed different issue.

Vote: 7-0
Opinion by: Per Curiam

April 2013

April 30, 2013

Coleman, State ex rel. v. Schwartz (4/30/13)

Temporary Total: Commission properly terminated temporary total based on a report from a limited medical examination because the report identified the basis of the doctor's finding that the condition had reached maximum medical improvement.

Vote: 7-0
Opinion by: Per Curiam

March 2013

March 12, 2013

Haddox, State ex rel. v. Indus. Comm. (3/12/13)

Temporary Total: Injured worker discharged for conduct which caused injury did not "voluntarily" abandon his employment and therefore remained eligible for temporary total compensation.

Vote: 3-3, 1 concurs in judgment only
Opinion by: Per Curiam

March 6, 2013

K&D Group, Inc., State ex rel. v. Buehrer (3/6/13)

Employer: BWC cannot transfer part of previous management company's experience rating to a new company which had contracted with the new owner to take over management of an apartment complex because the new management company is not a successor in interest to the previous management company.

Vote: 7-0
Opinion by: Per Curiam

February 2013

<< No decisions indexed >>

January 2013

<< No decisions indexed >>

2012

December 2012

December 6, 2012

Houdek v. ThyssenKrupp Materials N.A., Inc. (12/6/12)

Intentional Tort: An injured worker cannot recover for an employment intentional tort unless the employer deliberately intended to injure the worker, even if the evidence demonstrates that the employer could have avoided a tragic accident by taking necessary precautions.

Vote: 6-1
Opinion by: O'Donnell

December 5, 2012

Bennett v. Admr., Ohio Bur. of Workers’ Comp. (12/5/12)

Trial Practice: A worker seeking to participate in an R.C. 4123.512 appeal must establish all elements of the claim in order to participate, not just those elements determined against them administratively.

Vote: 5-2
Opinion by: Cupp

November 2012

November 27, 2012

Holmes v. Crawford Machine, Inc. (11/27/12)

Trial Practice: When a claimant has multiple claims, and only establishes the right to participate for some of those claims at trial, R.C. 4123.512(F) does not require apportionment of costs to only reimburse those costs related to the successful claims.

Vote: 5-2
Opinion by: McGee Brown

Knapp, State ex rel. v. Indus. Comm. (11/27/12)

Continuing Jurisdiction: Report from doctor who did not conduct new examination of injured worker or review file did not constitute "newly discovered evidence" to justify Commission exercise of continuing jurisdiction.

Vote: 6-0, 1 concurs in judgment
Opinion by: Per Curiam

November 20, 2012

Hewitt v. L.E. Myers Co. (11/20/12)

Intentional Tort: The term "equipment safety guard" in R.C. 2745.01(C) refers to a device designed to shield an operator from injury and the term "deliberate removal" refers to an employer's deliberate decision to eliminate the safety guard.

Vote: 4-1, 2 concur in judgment only
Opinion by: Lundberg Stratton

October 2012

October 11, 2012

Rouan, State ex rel. v. Indus. Comm. (10/11/12)

Temporary Total: Worker who took disability retirement based on disability which was not related to the workplace injury voluntarily retired and lost eligibility for post-retirement temporary total compensation.

Vote: 7-0
Opinion by: Per Curiam

October 10, 2012

Guthrie, State ex rel. v. Indus. Comm. (10/10/12)

Permanent Total: Decision that cumulative effect of disability factors did not support award of permanent total was within hearing officer's discretion as evaluator of evidence.

Vote: 7-0
Opinion by: Per Curiam

September 2012

September 20, 2012

Lawrence v. Youngstown (9/20/12)

Retaliatory Discharge: If employer does not notify employee of discharge within a "reasonable time", the R.C. 4123.90 requirement that an employee must notify the employer of the claimed violation within 90 days does not start until the employee becomes aware (or should have become aware) of the discharge.

Vote: 6-1
Opinion by: Cupp

August 2012

August 30, 2012

Brown, State ex rel. v. Hoover Universal, Inc. (8/30/12)

Temporary Total: Commission must examine "the totality of the circumstances" when making a decision involving a claim that an injured worker abandoned their employment when the employer fired them for violating a written work rule because the abandonment doctrine creates potential for abuse.

Vote: 7-0
Opinion by: Per Curiam

July 2012

July 18, 2012

Oakwood, State ex rel. v. Indus. Comm. (7/18/12)

Employer: Commission has discretion to use flexible approach when determining proper employer, based on totality of the circumstances.

Vote: 7-0
Opinion by: Per Curiam

June 2012

June 19, 2012

McBee, State ex rel. v. Indus. Comm. (6/19/12)

Fraud: Finding of fraud requires evidence that injured worker knowingly misrepresented that he was not working while receiving temporary total. No evidence indicated that injured worker knew that unpaid activities constituted work, therefore Commission improperly found fraud.

Vote: 6-0
Opinion by: Per Curiam

June 14, 2012

Corman, State ex rel. v. Allied Holdings, Inc. (6/14/12)

Temporary Total: Injured worker abandoned work force and could not receive temporary total compensation when he retired and did not seek other work even though he was not medically incapable of working.

Vote: 7-0
Opinion by: Per Curiam

May 2012

May 16, 2012

Glunt Industries, Inc., State ex rel. v. Indus. Comm. (5/16/12)

VSSR: Employer cannot claim employee's unilateral negligence bars VSSR award when the employer failed to comply with safety requirement.

Vote: 7-0
Opinion by: Per Curiam

April 2012

April 12, 2012

Ruscilli Constr. Co., Inc., State ex rel. v. Indus. Comm. (4/12/12)

VSSR: Court cannot uphold order containing major mistakes in fact and law.

Vote: 7-0
Opinion by: Per Curiam

March 2012

March 29, 2012

McNea, State ex rel. v. Indus. Comm. (3/29/12)

Permanent Total: Commission did not abuse discretion in terminating permanent total and declaring an overpayment based on finding that ongoing pattern of illegal activity demonstrated ability to perform sustained remunerative employment.

Vote: 6-0, 1 concurs in judgment only
Opinion by: Per Curiam

March 22, 2012

Warner, State ex rel. v. Indus. Comm. (3/22/12)

Average Weekly Wage: Commission should exclude weeks of unemployment beyond injured worker's control from average weekly wage calculation rather than adding amounts of unemployment compensation benefits received to wages.

Vote: 7-0
Opinion by: Per Curiam

March 14, 2012

Hodge, State ex rel. v. Ryan (3/14/12)

Mandamus: Injured worker could not pursue mandamus challenge because failure to appeal SHO orders to Industrial Commission meant she had not exhausted her administrative remedies.

Vote: 7-0
Opinion by: Per Curiam

March 8, 2012

Spencer v. Freight Handlers, Inc. (3/8/12)

Trial Practice: Failure to name or serve Administrator of the BWC as party on R.C. 4123.512 appeal does not deprive court of jurisdiction.

Vote: 6-1
Opinion by: Lanzinger

February 2012

February 15, 2012

Akron Paint & Varnish, Inc., State ex rel. v. Gullotta (2/15/12)

Temporary Total: Worker who had abandoned employment and lost eligibility for temporary total did not regain eligibility solely because his condition worsened.

Vote: 7-0
Opinion by: Lundberg Stratton

January 2012

January 10, 2012

Bilaver, State ex rel. v. Indus. Comm. (1/10/12)

Temporary Total: Worker who quit his job abandoned his employment and was barred from temporary total. There was no evidence that he had taken another job, which would have reinstated his eligibility for temporary total.

Vote: 7-0
Opinion by: Per Curiam

2011

December 2011

December 20, 2011

Sears Roebuck & Co., State ex rel. v. Indus. Comm. (12/20/11)

Medical: Commission abused its discretion by ordering payment of medical bill when there was no evidence indicating potential connection between allowed condition and treatment.

Vote: 7-0
Opinion by: Per Curiam

December 1, 2011

Gonzales, State ex rel. v. Morgan (12/1/11)

Permanent Total: Commission did not abuse discretion by denying permanent total based on failure of injured worker to participate in vocational rehabilitation where he was medically capable of sustained remunerative employment and had not attempted rehabilitation but been prevented from completing rehabilitation due to circumstances beyond his control.

Vote: 7-0
Opinion by: Per Curiam

November 2011

November 30, 2011

George, State ex rel. v. Indus. Comm. (11/30/11)

Medical: Inconsistencies in doctor's report which do not affect validity of doctor's opinion that surgery is not necessary due to allowed condition do not invalidate report.

Vote: 7-0
Opinion by: Per Curiam

November 17, 2011

Donohoe, State ex rel. v. Indus. Comm. (11/17/11)

VSSR: Eyewitness evidence is not required for Commission to find a VSSR occurred and a Commission order which can be interpreted to deny a VSSR award because there was no eyewitness evidence is invalid.

Vote: 7-0
Opinion by: Per Curiam

October 2011

October 4, 2011

Cinergy Corp./Duke Energy, State ex rel. v. Heber (10/4/11)

Permanent Total: Injured worker is not required to provide medical evidence prepared at the time of retirement to establish voluntary nature of retirement because Commission is entitled to draw inferences from any evidence submitted to determine about whether or not a retirement was voluntary.

Vote: 7-0
Opinion by: Per Curiam

September 2011

September 29, 2011

Mackey, State ex rel. v. Ohio Dept. of Edn. (9/29/11)

Continuing Jurisdiction: Commission's failure to address retirement issue in permanent total order was a clear mistake of law which justified exercise of continuing jurisdiction.

Vote: 7-0
Opinion by: Per Curiam

September 7, 2011

Ohio Bur. of Workers’ Comp. v. McKinley (9/7/11)

Trial Practice: Six year statute of limitations applies to a claim by an R.C. 4123.931 statutory subrogee seeking to recover its subrogation interest.

Vote: 6-0, 1 concurs in judgment
Opinion by: Cupp

August 2011

<< No decisions indexed >>

July 2011

July 7, 2011

Starkey v. Builders FirstSource Ohio Valley, L.L.C. (7/7/11)

Trial Practice: An injured worker can pursue a claim for aggravation of a condition on an R.C. 4123.512 appeal to court even if the issue of aggravation had not been considered at the administrative level.

Vote: 6-1
Opinion by: Lanzinger

July 5, 2011

Aaron Rents, Inc., State ex rel. v. Ohio Bur. of Workers’ Comp. (7/5/11)

Employer: BWC must explain reason why it retroactively (instead of prospectively) reclassified employees so employer can know reason reclassification was retroactive and court can properly review the decision.

Vote: 7-0
Opinion by: Per Curiam

June 2011

June 29, 2011

Lackey, State ex rel. v. Indus. Comm. (6/29/11)

Temporary Total: Commission did not abuse its discretion finding that retirement was unrelated to injury. Because injured worker did not return to job market after retirement, injured worker was not entitled to temporary total.

Vote: 7-0
Opinion by: Per Curiam

June 16, 2011

Paneto, State ex rel. v. Matos (6/16/11)

Amputation/Loss of Use: Permanent total award which had since been terminated did not constitute new and changed circumstances to reopen loss of use issue.

Vote: 7-0
Opinion by: Per Curiam

June 9, 2011

Sutton v. Tomco Machining, Inc. (6/9/11)

Retaliatory Discharge: R.C. 4123.90 creates a clear public policy against retaliatory discharge which permits a tort claim for wrongful discharge when the discharge is based on a workplace injury but occurs before the workers' compensation claim is filed; the remedy for such a wrongful discharge claim is limited to the remedies set forth in R.C. 4123.90.

Vote: 4-3
Opinion by: O'Connor

Baker, State ex rel. v. Coast to Coast Manpower, L.L.C. (6/9/11)

Amputation/Loss of Use: Commission did not abuse its discretion denying loss of vision award where cataract surgery corrected vision and uncorrected vision never reached threshold of 25%; surgical removal of cornea does not require loss of vision award.

Vote: 3-3, 1 concurs separately
Opinion by: Lundberg Stratton

May 2011

May 24, 2011

Fairfield City Schools, State ex rel. v. Indus. Comm. (5/24/11)

Employer: Commission did not abuse its discretion by finding that employer was not entitled to handicap reimbursement because employee's hypertension did not qualify as a cardiac disease.

Vote: 7-0
Opinion by: Per Curiam

April 2011

<< No decisions indexed >>

March 2011

<< No decisions indexed >>

February 2011

February 10, 2011

Kroger Co., State ex rel. v. Johnson (2/10/11)

Amputation/Loss of Use: Medical evidence which indicated that injured worker had a functional loss of use of the hand was internally inconsistent and did not support award for loss of use because doctor only indicated 27% loss of function in the hand.

Vote: 7-0
Opinion by: Per Curiam

January 2011

<< No decisions indexed >>

2010

December 2010

December 20

Nissin Brake Ohio, Inc., State ex rel. v. Indus. Comm. (12/20/10)

Permanent Total: Commission can interpret medical evidence to find injured worker is physically incapable of working even if the medical evidence does not explicitly state that the injured worker is medically incapable of work.

Vote: 7-0
Opinion by: Per Curiam

November 2010

<< No decisions indexed >>

October 2010

<< No decisions indexed >>

September 2010

<< No decisions indexed >>

August 2010

August 18

Marrero, State ex rel. v. Indus. Comm. (8/18/10)

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

Rohr, State ex rel. v. Indus. Comm.(8/18/10)

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

La-Z-Boy Furniture Galleries, State ex rel. v. Thomas (7/13/10)

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

Extendicare Health Servs., Inc., State ex rel. v. Ryan (6/8/10)

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

FedEx Ground Package Sys., Inc., State ex rel. v. Indus. Comm. (6/8/10)

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

Kaminski v. Metal & Wire Prods Co. (3/23/10)

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

Stetter v. R.J. Corman Derailment Servs., L.L.C. (3/23/10)

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

Cambridge Home Health Care, Inc., State ex rel. v. Indus. Comm. (3/3/10)

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

Natl Employers Network Alliance, Inc., State ex rel. v. Ryan (2/24/10)

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

R.A.M.E., Inc., State ex rel. v. Indus. Comm. (2/24/10)

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

Goodwin, State ex rel. v. Indus. Comm. (1/28/10)

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

Jorza, State ex rel. v. Indus. Comm. (1/21/10)

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

Galligan, State ex rel. v. Indus. Comm. (1/6/10)

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

2009

December 2009

<< No decisions indexed >>

November 2009

November 12

AK Steel Corp., State ex rel. v. Davis (11/12/09)

VSSR: Rolls which perform more than one function do not meet definition of "feed rolls" in applicable safety code provision.

Vote: 7-0
Opinion by: Per Curiam

Lowe, State ex rel. v. Cincinnati, Inc. (11/12/09)

Permanent Total: Evidence of change in injured worker's condition justified decision to terminate permanent total compensation.

Vote: 7-0
Opinion by: Per Curiam

October 2009

October 7

Sebring, State ex rel. v. Indus. Comm. (10/7/09)

Temporary Total: Refusal of light duty work offer justifies termination of temporary total compensation.

Vote: 6-0
Opinion by: Per Curiam

September 2009

September 29

Benton v. Hamilton Cty. Educational Serv. Ctr. (9/29/09)

Trial Practice: Commission decision not to terminate claim based on employer allegations of fraud does not involve right to participate and cannot be appealed to court under R.C. 4123.512.

Vote: 5-0, 2 concur in judgment only
Opinion by: Lanzinger

August 2009

August 25

Gibson, State ex rel. v. Indus. Comm. (8/25/09)

Temporary Total: Commission did not abuse its discretion in failing to accept treating doctor's opinion that condition rendered injured worker temporarily and totally disabled.

Vote: 6-0, 1 concurs in judgment only
Opinion by: Per Curiam

August 19

Saunders, State ex rel. v. Cornerstone Found. Sys., Inc. (8/19/09)

Temporary Total: Injured worker who was fired for violation of written work rule did not abandon his employment (which would bar future temporary total compensation) when there was no evidence that he had received written work rule and could not have known that he was violating rule or that violation could lead to dismissal.

Vote: 7-0
Opinion by: Per Curiam

July 2009

July 30

Glenn, State ex rel. v. Indus. Comm. (7/30/09)

Temporary Total: Teacher who is temporarily and totally disabled is entitled to receive either temporary total compensation or salary for summer break.

Vote: 6-0, 1 concurs separately
Opinion by: Per Curiam

July 23

Internatl. Truck & Engine Corp., State ex rel. v. Indus. Comm. (7/23/09)

VSSR: Rule requiring strict construction of VSSR standards in favor of employer only applies to applicability of safety standard, employer is not entitled to have evidence construed in its favor.

Vote: 7-0
Opinion by: Per Curiam

July 21

Johnson, State ex rel. v. Indus. Comm. (7/21/09)

VSSR: Provisions of specific safety codes relating to scaffolding apply to all scaffolds, regardless of whether they have been completed; therefore the Industrial Commission erred by denying a VSSR award because the scaffold which did not comply with the safety code had not yet been completed.

Vote: 6-1
Opinion by: Per Curiam

June 2009

June 16

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

Valley Roofing, L.L.C., State ex rel. v. Ohio Bur. of Workers' Comp. (6/16/09)

Employer: When company bought assets of previous company from bank, rather than from previous company, it is not a "successor in interest" for purposes of determining workers' compensation premiums.

Vote: 7-0
Opinion by: Per Curiam

June 11

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

May 2009

<< No decisions indexed >>

April 2009

April 15

Craftsmen Basement Finishing Sys., Inc., State ex rel. v. Ryan (4/15/09)

Employer: BWC must adequately explain decision to reclassify employees so that reviewing court could understand reason for reclassifying when decision to reclassify was not self-explanatory.

Vote: 7-0
Opinion by: Per Curiam

April 2

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

March 2009

March 24

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

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

February 2009

February 17

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

February 5

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

January 2009

January 28

Hina, State ex rel. v. Indus. Comm. (1/28/09)

VSSR: Commission did not abuse its discretion in finding employer did not commit VSSR.

Vote: 6-1
Opinion by: Per Curiam

2008

December 2008

December 3

Jordan, State ex rel. v. Indus. Comm. (12/3/08)

Medical: Injured worker does not have vested right to full payment for name brand medicine.

Vote: 7-0
Opinion by: Per Curiam

November 2008

<< No decisions indexed >>

October 2008

October 21

Schlegel, State ex rel. v. Stykemain Pontiac Buick GMC, Ltd. (10/21/08)

Administrative Practice: Because the Industrial Commission has discretion whether to hear an appeal from the Staff Hearing Officer, the Industrial Commission is not required to consider evidence which existed at time of the Staff Hearing Officer hearing, but which was not submitted until the discretionary appeal to the 3 member Industrial Commission.

Vote: 7-0
Opinion by: Per Curiam

October 15

AT&T, Inc., State ex rel. v. McGraw (10/15/08)

Permanent Total: An injured worker who was receiving permanent total was not ineligible for permanent total based on activities in shop owned by wife when those activities were not "remunerated" or inconsistent with the injured worker's physical limitations; additionally, even if the activities were considered to be employment, they would not bar permanent total because there was no evidence that the injured worker was capable of performing them on a "sustained" basis.

Vote: 7-0
Opinion by: Per Curiam

Pierron, State ex rel. v. Indus. Comm. (10/15/08)

Temporary Total: Worker who retired for reasons unrelated to the industrial injury and did not then seek further employment is barred from temporary total compensation.

Vote: 5-1, 1 concurs in judgment only
Opinion by: Per Curiam

September 2008

September 11

Internatl Truck & Engine Corp., State ex rel. v. Indus. Comm. (9/11/08)

Continuing Jurisdiction: Commission must explicitly state basis of exercise of continuing jurisdiction and cannot "informally" or "silently" exercise continuing jurisdiction.

Vote: 5-2
Opinion by: Per Curiam

August 2008

August 13

Bercaw, State ex rel. v. Sunnybreeze Health Care Corp. (8/13/08)

Temporary Total: Commission did not abuse its discretion in relying on report of reviewing doctor (who did not examine injured worker) over the report of the examining doctor when it determined to deny temporary total.

Vote: 7-0
Opinion by: Per Curiam

August 12

Scouler, State ex rel. v. Indus. Comm. (8/12/08)

Temporary Total: Order which states that it considered "all relevant evidence", but does not discuss relevant evidence contained in the record, is not a valid order.

Vote: 7-0
Opinion by: Per Curiam

July 2008

<< No decisions indexed >>

June 2008

June 12

Valley Interior Systems, Inc., State ex rel. v. Indus. Comm. (6/12/08)

Temporary Total: Termination of employment only constitutes a "voluntary abandonment" which bars temporary total if injured worker knew or should have known that termination was a possible consequence of worker's actions.

Vote: 7-0
Opinion by: Per Curiam

May 2008

May 15

McDaniel, State ex rel. v. Indus. Comm. (5/15/08)

Permanent Total: Commission did not abuse its discretion in determining that individual who was paid for activities done to promote business was engaged in sustained remunerative employment.

Vote: 7-0
Opinion by: Per Curiam

April 2008

April 30

Ohio State Univ. Hosp., State ex rel. v. Indus. Comm. (4/30/08)

AWW: Commission properly applied "special circumstances" provision of R.C. 4123.61 to recalculate average weekly wage of worker who was injured shortly after she began working full-time.

Vote: 7-0
Opinion by: Lanzinger

April 16

Ross, State ex rel. v. Indus. Comm. (4/16/08)

Permanent Partial: When injured worker's condition had apparently resolved after injury, and injured worker was not receiving treatment due to injury, medical report which merely indicated percentage of permanent partial impairment without explanation of any change in condition was not "new and  changed circumstances" to support a new permanent partial award.

Vote: 7-0
Opinion by: Per Curiam

Wise, State ex rel. v. Ryan (4/16/08)

Settlement: Settlement application which does not comply with the statutory requirement that it set forth the reason why the settlement is desirable is invalid.

Vote: 6-0, 1 concurs in judgment only
Opinion by: Per Curiam

April 9

Gen. Motors Corp., State ex rel. v. Indus. Comm. (4/9/08)

Temporary Total: Employer which pays wage replacement instead of temporary total compensation is not required to pay injured worker amount equal to entire amount of temporary total due because it is entitled to an offset for taxes withheld.

Vote: 6-1
Opinion by: O'Connor

April 3

Pilkington N. Am., Inc., State ex rel. v. Indus. Comm. (4/3/08)

Occupational Disease: When determining which employer is charged with responsibility for occupational disease involving long latency period, the "last injurious exposure" rule applies.

Vote: 7-0
Opinion by: Per Curiam

April 2

L.P. Cavett Co., State ex rel. v. Indus. Comm. (4/2/08)

Temporary Total: Doctor's opinion that injured worker was temporary total based on allowed psychological condition of "depressive disorder" was some evidence to support temporary total award even though doctor had previously indicated disability was due to a "major depression" because doctor consistently indicated disability due to a depressive condition, and the only difference between the two conditions was the severity of the depression.

Vote: 7-0
Opinion by: Per Curiam

March 2008

March 19

Airborne Freight Corp., State ex rel. v. Indus. Comm. (3/19/08)

Temporary Total: Commission's order continuing temporary total supported by "some evidence."

Vote: 7-0
Opinion by: Per Curiam

March 13

Talik v. Fed. Marine Terminals Inc. (3/13/08)

Intentional Tort: U.S. Longshore and Harbor Workers' Compensation Act pre-empts state law claim for intentional tort.

Vote: 5-0, 2 concur in part and dissent in part
Opinion by: Lanzinger

March 5

Lapp Roofing & Sheet Metal Co., Inc., State ex rel. v. Indus. Comm. (3/5/08)

Administrative Practice: Notice of appeal from BWC order which listed wrong date for order "substantially complied" with requirements of R.C. 4123.511.

Vote: 7-0
Opinion by: Per Curiam

February 2008

February 21

Autozone, Inc., State ex rel. v. Indus. Comm. (2/21/08)

Amputation/Loss of Use: Doctor's opinion that claimant is "legally blind" is evidence to support award for loss of sight in eye.

Vote: 4-3
Opinion by: Pfeifer

Groch v. Gen. Motors Corp. (2/21/08)

Trial Practice: Workers' compensation subrogation statute does not violate the Ohio Constitution's takings clause (Art. I, Sec. 19), due process and remedies clause (Art. I, Sec. 16), or equal protection clause (Art. I, Sec. 2).

Vote: 4-0, 1 concurs in answers to certified questions only, 1 concurs in answers to certified questions and concurs in opinion in part, 1 concurs in part and dissents in part
Opinion by: O'Connor

February 13

Reitter Stucco, Inc., State ex rel. v. Indus. Comm. (2/13/08)

Temporary Total: Injured worker who voluntarily abandoned their employment does not lose eligibility for temporary total if they were medically incapable of returning to their former position of employment when they voluntarily abandoned their employment.

Vote: 7-0
Opinion by: Per Curiam

January 2008

<< No decisions indexed >>

2007

December 2007

December 20

Bickers v. W. & S. Life Ins. Co. (12/20/07)

Retaliatory Discharge: At-will employee who is fired while receiving temporary total does not have common-law cause of action for retaliatory discharge.

Vote: 5-2
Opinion by: Cupp

December 19

Lynch, State ex rel. v. Indus. Comm. (12/19/07)

Permanent Total: Engaging in sustained labor in return for pay constitutes sustained remunerative employment which justifies termination of temporary total even where the labor activity is illegal.

Vote: 7-0
Opinion by: Per Curiam

November 2007

November 21

Gilbert, State ex rel. v. Indus. Comm. (11/21/07)

VSSR: "Specific safety requirements" must be based on quantifiable baseline, not individual susceptibility; Commission has discretion to determine validity of tests conducted after exposure on a case-by-case basis because test environment may be different from what it was at time of exposure, but it may be identical to what it was at time of exposure.

Vote: 7-0
Opinion by: Per Curiam

November 20

Moore, State ex rel. v. Internatl. Truck & Engine (11/20/07)

Temporary Total: 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

October 2007

October 23

Cherryhill Mgt., Inc., State ex rel. v. Indus. Comm. (10/23/07)

Temporary Total: Evidence supported Commission's decision that injured worker did not voluntarily abandon their employment.

Vote: 7-0
Opinion by: Per Curiam

E.I. DuPont DeNemours & Co., State ex rel. v. Indus. Comm. (10/23/07)

Permanent Total: Worker who suffered from occupational disease with long latency period is not disqualified from receipt of permanent total by retirement.

Vote: 7-0
Opinion by: Per Curiam

Powell, State ex rel. v. C.R. O'Neil & Co. (10/23/07)

Administrative Practice: Although Commission was not required to consider evidence submitted after the hearing, failure to consider evidence which was partially submitted after the hearing and fully submitted that same day was abuse of discretion.

Vote: 7-0
Opinion by: Per Curiam

October 3

Spohn, State ex rel. v. Indus. Comm. (10/3/07)

Permanent Total: Evidence supported Commission's decision to terminate permanent total compensation based on improvement of injured worker's condition.

Vote: 4-3
Opinion by: Lanzinger

September 2007

September 27

Ellis, State ex rel. v. Indus. Comm. (9/27/07)

Temporary Total: In determining whether to terminate temporary total based on refusal of a "good faith" job offer, Commission must consider whether job was offered in good faith.

Vote: 6-0 1 concurs in judgment only
Opinion by: Per Curiam

Gross, State ex rel. v. Indus. Comm. (9/27/07)

Temporary Total: When injured worker is terminated for actions which contributed to the injury, worker has not "voluntarily abandoned" their employment and remains eligible for temporary total.

Vote: 5-2
Opinion by: Lundberg Stratton

September 19

Barnes, State ex rel. v. Indus. Comm. (9/19/07)

Temporary Total: Commission's failure to consider exacerbation of condition in denial of temporary total requires remand so that Commission can consider that issue; fact that issue does not appear in Commission's order does not mean it was waived for failure to raise argument administratively because fact that Commission is not required to list all evidence in order means that order does not demonstrate all evidence presented or issues raised.

Vote: 7-0
Opinion by: Per Curiam

Starr, State ex rel. v. Indus. Comm. (9/19/07)

Temporary Total: Psychologist's report was "some evidence" to support denial of temporary total.

Vote: 7-0
Opinion by: Per Curiam

York Internat'l Corp., State ex rel. v. Kopis (9/19/07)

Mandamus: When Court of Appeals vacated permanent total order and remanded it to the Commission for further proceedings, Commission was not bound by prior order and was entitled to reexamine all issues involved.

Vote: 7-0
Opinion by: Per Curiam

August 2007

August 8

Kincaid, State ex rel. v. Allen Refractories Co. (8/8/07)

Permanent Total: If Commission has made finding of 100% bilateral loss of sight under R.C. 4123.57(B), an injured worker is entitled to statutory permanent total award where there is no evidence that the injured worker's vision has improved or been corrected.

Vote: 5-2
Opinion by: Lanzinger

July 2007

<< No decisions indexed >>

June 2007

June 27

Baja Marine Corp., State ex rel. v. Indus. Comm. (6/27/07)

Mandamus: Order which lacks clarity is returned to the Commission for further proceedings.

Vote: 6-0, 1 concurs separately
Opinion by: Per Curiam

May 2007

May 9

OmniSource Corp, State ex rel. v. Indus. Comm. (5/9/07)

Temporary Total: Injured worker who is disabled when fired is not barred from receipt of temporary total; injured worker cannot voluntarily abandon employment unless they were physically capable of performing that employment when fired.

Vote: 6-0, 1 concurs in judgment only
Opinion by: Per Curiam

April 2007

April 4

Luther, State ex rel. v. Ford Motor Co. (4/4/07)

Temporary Total: Injured worker does not voluntarily abandon his employment by being fired if he was disabled when fired; additionally, injured worker does not voluntarily abandon employment if reason for discharge (such as absenteeism) was due to the industrial injury.

Vote: 6-0, 1 concurs in judgment only
Opinion by: Per Curiam

RMS of Ohio, Inc., State ex rel. v. Ohio Bur. of Workers' Comp. (4/4/07)

Employer: BWC did not err in reclassifying business for purpose of determining workers' compensation premium rates.

Vote: 7-0
Opinion by: Per Curiam

March 2007

March 21

Cafaro Mgt. Co., State ex rel. v. Kielmeyer (3/21/07)

Employer: BWC did not err in reclassifying clerical and security employees for purposes of determining employer's premiums.

Vote: 7-0
Opinion by: Per Curiam

Honda of Am. Mfg. Co., State ex rel. v. Indus. Comm. (3/21/07)

Temporary Total: Worker who owned store was entitled to temporary total where she engaged in minimal, non-income producing activities at store; fact that she bought the store after suffering disability is irrelevant.

Vote: 7-0
Opinion by: Per Curiam

February 2007

<< No decisions indexed >>

January 2007

<< No decisions indexed >>

2006

December 2006

December 27

Gross, State ex rel. v. Indus. Comm. (12/27/06)

Temporary Total: Worker discharged after ignoring repeated warnings not to engage in prohibited conduct voluntarily abandoned his employment and was not entitled to temporary total.

Vote: 5-2
Opinion by: Per Curiam

Washington, State ex rel. v. Indus. Comm. (12/27/06)

AWW: Res judicata bars second motion to increase average weekly wage where issues argued in second motion could have been raised at time of first motion to recalculate.

Vote: 7-0
Opinion by: Per Curiam

December 20

Moorehead, State ex rel. v. Indus. Comm. (12/20/06)

Amputation/Loss of Use: Payment of loss of use award must be made where injured worker suffered loss of use even if he only survived for a short time after injury and never regained consciousness.

Vote: 5-0, 2 concur separately
Opinion by: Moyer

December 13

Lange, State ex rel. v. Indus. Comm. (12/13/06)

VSSR: Safety code provision which applies when machine is "shut down" does not apply where machine was running at time of injury.

Vote: 7-0
Opinion by: Per Curiam

December 6

Cleveland Bar Assn. v. CompManagement, Inc. (12/6/06)

Administrative Practice: Third-party administrators may offer general assistance in workers' compensation claims, as long as the assistance does not require legal analysis, skill, citation or interpretation.

Vote: 5-0, 1 concurs in judgment only, 1 concurs in part and dissents in part
Opinion by: O'Connor

Cliff, State ex rel. v. Auburndale Co. (12/6/06)

Permanent Total: Commission must resolve conflict between order granting permanent total which indicated that claimant had involuntarily left workforce and order denying temporary total which indicated that claimant had voluntarily left workforce.

Vote: 7-0
Opinion by: Per Curiam

Williams, State ex rel. v. Coca Cola Ents., Inc. (12/6/06)

Temporary Total: Retirement due to a condition which is not work-related bars temporary total.

Vote: 7-0
Opinion by: Per Curiam

November 2006

November 29

Van Gundy, State ex rel. v. Indus. Comm. (11/29/06)

Permanent Partial: All permanent partial awards are combined in determining whether the 100% limit for permanent partial awards has been reached, including awards which had been made in claims which have expired.

Vote: 7-0
Opinion by: Per Curiam

November 15

Dayton Bar Assn. v. Korte (11/15/06)

Administrative: Employer's attorneys acted improperly when they failed to comply with O.A.C. 4123-3-09(C)(5)(a) and provide a copy of a medical report resulting from an employer's medical exam to the claimant's representative and BWC.

Vote: 7-0
Opinion by: Per Curiam

November 8

Crocker, State ex rel. v. Indus. Comm. (11/8/06)

Medical: Commission cannot rely on medical opinion from a doctor when it has previously rejected that opinion even if the report stating that opinion has not previously been considered.

Vote: 7-0
Opinion by: Per Curiam

November 1

Advanced Metal Precision Products, State ex rel. v. Indus. Comm. (11/1/06)

VSSR: The term "operating cycle" used in former O.A.C. 4121:1-5-11 (currently in O.A.C. 4123:1-5-11) includes all operated-press activity, not just intentional activity.

Vote: 6-0, 1 concur in judgment only
Opinion by: Per Curiam

October 2006

<< No decisions indexed >>

September 2006

<< No decisions indexed >>

August 2006

August 23

Navistar Internatl Transp. Corp., State ex rel. v. Indus. Comm. (8/23/06)

Medical: Commission is not required to consider facility costs incurred by self-insured employer's creation of on-site physical therapy facility when determining whether cost of physical therapy at another location is "medically reasonable."

Vote: 7-0
Opinion by: Per Curiam

July 2006

July 26

Estate of McKenney, State ex rel. v. Indus. Comm. (7/26/06)

Death: When a dependent who seeks benefits due an injured worker dies, the dependent's estate is only due those benefits which had accrued at the time the dependent died.

Vote: 6-0, 1 concurs in judgment only
Opinion by: Per Curiam

July 19

Stevens, State ex rel. v. Indus. Comm. (7/19/06)

Average Weekly Wage: Special circumstances provision of R.C. 4123.61 does not justify recalculating the average weekly wage for an injured worker who continues to work after injury and whose wages have increased over time.

Vote: 5-2
Opinion by: Per Curiam

July 12

Arrington v. DaimlerChrysler Corp. (7/12/06)

Trial Practice: Workers' compensation claimants have no constitutional right to a jury trial; right to jury trial is limited to what legislature provided in R.C. 4123.512 and does not provide injured workers a right to present live testimony.

Vote: 4-3
Opinion by: O'Connor

July 5

Kroger Co., State ex rel. v. Paysen (7/5/06)

Permanent Total: Injured worker whose treating doctor says is incapable of sustained remunerative employment is not barred from receipt of permanent total by failing to accept job offered by employer.

Vote: 7-0
Opinion by: Per Curiam

June 2006

June 28

Griffith, State ex rel. v. Indus. Comm. (6/28/06)

Temporary Total: Commission decision that injured worker was not entitled to receipt of temporary total must be based on evidence, not speculation.

Vote: 7-0
Opinion by: Per Curiam

May 2006

May 31

Coffman, State ex rel. v. Indus. Comm. (5/31/06)

VSSR: Unilateral negligence does not bar VSSR award where employer did not initially comply with requirements of safety code.

Vote: 7-0
Opinion by: Per Curiam

May 24

Avalon Precision Casting Co., State ex rel. v. Indus. Comm. (5/24/06)

Medical: Where two doctors opined that MRI would be "reasonable and necessary" procedure for assisting treatment of injured knee, "some evidence" supported Commission's decision to authorize MRI.

Vote: 7-0
Opinion by: Per Curiam

Dobbins, State ex rel. v. Indus. Comm. (5/24/06)

Permanent Partial: Commission is not required to explain why medical evidence it chose to rely on is more persuasive than other medical evidence.

Vote: 7-0
Opinion by: Per Curiam

May 10

Erieview Metal Treating Co., State ex rel. v. Indus. Comm. (5/10/06)

Permanent Total: Last injurious exposure rule does not apply to allocation of permanent total disability; where evidence attributes disability to first claim, Commission properly allocated award of permanent total to that claim.

Vote: 5-2
Opinion by: Per Curiam

April 2006

April 19

Fowee v. Wesley Hall, Inc. (4/19/06)

Trial Practice: Savings statute requires complaint to be refiled within one year of dismissal where employee has dismissed complaint in an employer appeal to court under R.C. 4123.512.

Vote: 5-0, 2 concur in judgment only
Opinion by: Per Curiam

March 2006

March 22

Danstar Builders, Inc., State ex rel. v. Indus. Comm. (3/22/06)

VSSR: Employer is required to comply with safety requirements; where employer does not initially comply with safety requirements, employee negligence is not defense to VSSR award.

Vote: 7-0
Opinion by: Per Curiam

Sellards, State ex rel. v. Indus. Comm. (3/22/06)

Temporary Total: 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

March 15

Ganu, State ex rel. v. Willow Brook Christian Communities (3/15/06)

Temporary Total: Written job description which which was based on restrictions reported by doctor who did not consider all of the allowed conditions did not support decision to terminate temporary total; defects in written job description cannot be cured by oral assurances regarding job duties.

Vote: 7-0
Opinion by: Per Curiam

March 1

Apcompower, Inc., State ex rel. v. Indus. Comm. (3/1/06)

Medical: Suspension of a claim for failure to attend a medical exam as required by R.C. 4123.651 does not bar compensation later retroactively being awarded for the time the claim was suspended when the suspension is lifted.

Vote: 7-0
Opinion by: Per Curiam

Dixon, State ex rel. v. Airborne Express, Inc. (3/1/06)

Living Maintenance: Commission properly denied payment of living maintenance benefits to claimant who failed to follow approved vocational rehabilitation plan.

Vote: 7-0
Opinion by: Per Curiam

February 2006

February 8

Meris, State ex rel. v. Indus. Comm. (2/8/06)

Continuing Jurisdiction: Doctors' lack of knowledge of jobs held at a time earlier than the permanent total application did not affect claimant's condition at the time of the examinations and did not constitute a mistake of fact which would support Commission exercise of continuing jurisdiction.

Vote: 6-0, 1 concurs in judgment only
Opinion by: Per Curiam

Sherry, State ex rel. v. Indus. Comm. (2/8/06)

Temporary Total: Claimant who receives money for labor is not entitled to temporary total compensation, regardless of whether he shows a profit for his labor.

Vote: 7-0
Opinion by: Per Curiam

January 2006

January 18

York, State ex rel. v. Indus. Comm. (1/18/06)

Mandamus: R.C. 4123.522 provides an adequate remedy at law, and employer which did not file R.C. 4123.522 motion after failing to receive notice of hearing was not entitled to mandamus because employer failed to exhaust administrative remedies.

Vote: 6-0, 1 concurs separately
Opinion by: Per Curiam

2005

December 2005

December 28

McCrone v. Bank One Corp. (12/28/05)

Injury: R.C. 4123.01(C) exclusion of psychiatric-only injuries does not violate Equal Protection.

Vote: 5-2
Opinion by: Justice Lanzinger

November 2005

November 16

Advantage Tank Lines, State ex rel. v. Indus. Comm. (11/16/05)

Permanent Partial: Because of the different nature of temporary total and permanent partial awards, claimant may receive overlapping temporary total and permanent partial awards.

Vote: 6-0, 1 concurs separately
Opinion by: Per Curiam

Jeany, State ex rel. v. Cleveland Concrete Constr. Inc. (11/16/05)

Impairment of Earning Capacity: Commission is not required to accept factual stipulation agreed to by BWC in previous appeal to court when issuing ruling on impairment of earning capacity award.

Vote: 7-0
Opinion by: Per Curiam

October 2005

<< No decisions indexed >>

September 2005

September 7

Nick Strimbu, Inc., State ex rel. v. Indus. Comm. (9/7/05)

Temporary Total: Injured worker who forgot to list an employer on his employment application did not act with intent to deceive required to find that he had made a fraudulent application; therefore, when the employer decided after worker was injured to fire him for submitting a false application in an attempt to avoid paying temporary total, he remained entitled to temporary total because the firing did not constitute a "voluntary" abandonment of employment.

Vote: 7-0
Opinion by: Per Curiam

August 2005

<< No decisions indexed >>

July 2005

July 27

Ward v. Kroger Co. (7/27/05)

Trial Practice: Claimant who files an R.C. 4123.512 appeal can only seek to participate in the workers' compensation fund for those conditions which were addressed in the administrative order which is being appealed.

Vote: 7-0
Opinion by: Justice Resnick

June 2005

June 8

Eckerly, State ex rel. v. Indus. Comm. (6/8/05)

Temporary Total: Claimant who was fired, and was not working at a later period when he became temporarily and totally disabled was not entitled to temporary total compensation.

Vote: 5-2
Opinion by: Justice Lundberg Stratton

May 2005

May 4

Rollins, State ex rel. v. Indus. Comm. (5/4/05)

Temporary Total: Claimant who received money for acting as pastor of church was "working" and therefore not eligible for temporary total.

Vote: 5-2
Opinion by: Justice Lundberg Stratton

April 2005

April 27

Holdren, State ex rel. v. Indus. Comm. (4/27/05)

Continuing Jurisdiction: Where Commission order invalidly granted BWC motion for reconsideration which was based on disagreement with SHO's interpretation of evidence, Court will not return case for Commission to further reconsider matter.

Vote: 5-2
Opinion by: Per Curiam

March 2005

March 2

Arce, State ex rel. v. Indus. Comm. (3/2/05)

VSSR: If machine is an "installation or construction" it is governed by the safety code in effect when it was put in service, rather than the safety code in effect at the time of injury; the Commission properly found that a machine was an "installation or construction" where it was of large size and weight, lacked mobility, and was set up for use in a specific location.

Vote: 7-0
Opinion by: Per Curiam

February 2005

<< No decisions indexed >>

January 2005

<< No decisions indexed >>

2004

December 2004

December 22

Adams, State ex rel. v. Aluchem, Inc. (12/22/04)

Permanent Total: Back award of statutory permanent total cannot be made more than 2 years before date of motion requesting payment.

Vote: 4-3
Opinion by: Justice Moyer

Arth Brass & Aluminum Castings, Inc. v. Conrad (12/22/04)

Employer: BWC cannot charge employer's risk with cost of medical payments made while appeal is pending, until final decision is reached on appeal.

Vote: 5-2
Opinion by: Justice Pfeifer

Regal Ware, Inc., State ex rel. v. Indus. Comm. (12/22/04)

Occupational Disease: Different standard applies to first 30 weeks of change of occupation award than later 100 weeks. First 30 weeks do not require job search, but later 100 weeks do.

Vote: 7-0
Opinion by: Per Curiam

December 15

Cleveland Bar Assn. v. CompManagement (12/15/04)

Administrative Practice: Non-attorney representation before the Commission and BWC is permitted as long as it is consistent with Industrial Commission Resolution R04-1-01.

Vote: 4-2, 1 concur in judgment
Opinion by: Justice Resnick

Dayton Foods Ltd. Partnership, State ex rel. v. Unger (12/15/04)

Temporary Total: Dispute between employer and treating doctor would not justify termination of temporary total; C-84s were valid evidence of temporary total, doctor is allowed to anticipate return to work date after scheduled appointment and is not required to fill out a new form to extend the anticipated work date after the appointment.

Vote: 6-1, 1 concur in judgment
Opinion by: Per Curiam

December 1

Lawson, State ex rel. v. Mondie Forge (12/1/04)

Permanent Total: Evidence of claimant's activities must be viewed in context, permanent total claimants are not required to remain housebound. Evidence of claimant's activities did not demonstrate ability to perform activities on sustained basis sufficient to find that claimant was not entitled to continued receipt of permanent total.

Vote: 5-2
Opinion by: Per Curiam

November 2004

November 24

Gobich, State ex rel. v. Indus. Comm. (11/24/04)

Continuing Jurisdiction/Permanent Total: Disagreement over interpretation of facts does not justify exercise of continuing jurisdiction to review order. Permanent total compensation is awarded when an individual cannot perform sustained remunerative employment; isolated and brief work activities do not establish ability to perform sustained remunerative employment.

Vote: 6-1
Opinion by: Per Curiam

November 3

Gen. Elec. Corp., State ex rel. v. Indus. Comm. (11/3/04)

Amputation/Loss of Use: Worker who receives corneal lens implants remains entitled to award for total loss of vision because award for loss of vision is based on uncorrected vision.

Vote: 6-0
Opinion by: Per Curiam

October 2004

<< No decisions indexed >>

September 2004

September 22

Schuller v. United States Steel Corp. (9/22/04)

Trial Practice: Claimant who wins right to participate at trial is entitled to reimbursement for cost of fee charged by expert witness for live testimony, if trial court determines that fee is reasonable.

Vote: 7-0
Opinion by: Justice Sweeney

August 2004

<< No decisions indexed >>

July 2004

July 28

Kokosing Constr. Co., Inc., State ex rel. v. Ohio Bur. of Workers' Comp. (7/28/04)

Employer: Self-insurer is entitled to reimbursement from surplus fund after Commission exercises continuing jurisdiction to deny previously allowed claim because of fraud.

Vote: 7-0
Opinion by: Per Curiam

July 7

Alcoa Building Products, State ex rel. v. Indus. Comm. (7/7/04)

Amputation/Loss of Use: Commission properly granted amputation award for left arm which could not be used except to push open a car door or tuck a piece of paper under because arm was useless for "all practical intents and purpose."

Vote: 7-0
Opinion by: Per Curiam

June 2004

June 23

Frisch's Restaurant's, Inc., State ex rel. v. Indus. Comm. (6/23/04)

Temporary Total: 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

June 9

Timmerman Truss, Inc., State ex rel. v. Indus. Comm. (6/9/04)

Amputation/Loss of Use: Commission order granting award for loss of use of hand must consider evidence of post-injury activities in determining whether award is appropriate.

Vote: 7-0
Opinion by: Per Curiam

May 2004

May 26

Modzelewski v. Yellow Freight Sys., Inc. (5/26/04)

Trial Practice: Former subrogation statute (R.C. 4123.93) is unconstitutional.

Vote: 3-2, 2 concur in judgment
Opinion by: Justice Resnick

May 19

Sachdeva, State ex rel. v. Indus. Comm. (5/19/04)

Fraud: Evidence supported finding that claimant who lied about income while receiving living maintanence wage loss committed fraud; evidence that claimant could physically perform previous work also supported finding of overpayment.

Vote: 7-0
Opinion by: Per Curiam

May 12

Baker Concrete Constr. , Inc., State ex rel. v. Indus. Comm. (5/12/04)

Average Weekly Wage: Commission must consider intent of worker in determining whether to exclude seasonal unemployment from average weekly wage calculation. AWW is adjusted for periods of unemployment beyond a claimant's control but is not adjusted if seasonal unemployment exists because claimant made lifestyle choice.

Vote: 7-0
Opinion by: Per Curiam

Jordan, State ex rel. v. Indus. Comm. (5/12/04)

Wage Loss: Lack of overtime can be basis of wage loss claim if lack of overtime is causally related to injury.

Vote: 7-0
Opinion by: Per Curiam

White v. Conrad (5/12/04)

Trial Practice: If right to participate in the workers' compensation system has already been determined, a decision that the claimant can no longer participate can be appealed under R.C. 4123.512.

Vote: 6-1
Opinion by: Pfeifer

April 2004

April 28

Miesse, State ex rel. v. Holophane Corp. (4/28/04)

Continuing Jurisdiction: Letter notifying Commission that attorney was acting as employer's representative was sufficient notice to justify R.C. 4123.522 relief when Commission failed to provide representative with notice of order.

Vote: 7-0
Opinion by: Per Curiam

April 14

Bowen, State ex rel. v. Do It Best Corp. (4/14/04)

Wage Loss: 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

Nestle USA - Prepared Foods Div., Inc. v. Indus. Comm. (4/14/04)

Temporary Total: Self-insured employer cannot terminate temporary total compensation when treating doctor indicates that the injured worker is capable of doing limited work (but is incapable of doing the duties required by the job she had been doing when injured); the restrictions support continued temporary total eligibility even though the injured worker might also qualify for wage loss.

Vote: 6-0
Opinion by: Per Curiam

Rademacher, State ex rel. v. Mariott Internatl., Inc. (4/14/04)

Temporary Total: Where injured worker had previously been found to have voluntarily abandoned her employment, and had not returned to work, res judicata applies and injured worker is not eligible for additional temporary total.

Vote: 7-0
Opinion by: Per Curiam

March 2004

March 3

Borden, Inc., State ex rel. v. Indus. Comm. (3/3/04)

Impairment of Earning Capacity: Evidence which did not indicate how injury limited claimant's ability to work did not support impairment of earning capacity award.

Vote: 4-3
Opinion by: Per Curiam

Josephson, State ex rel. v. Indus. Comm. (3/3/04)

Temporary Total: 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

Sanor Sawmill, Inc. v. Indus. Comm. (3/3/04)

VSSR: Safety code provision which did not define type of saw involved in accident and which refers to equipment that is not part of the saw cannot be used as basis of VSSR award.

Vote: 5-2
Opinion by: Per Curiam

United Foundries, Inc., State ex rel. v. Indus. Comm. (3/3/04)

VSSR: Common sense must be used in interpreting provisions of safety code; safety code cannot be interpreted in a way which would lead to an illogical result.

Vote: 7-0
Opinion by: Per Curiam

February 2004

February 11

Saunders, State ex rel. v. Indus. Comm. (2/11/04)

Administrative Practice: The Commission was not required to follow the provisions of R.C. Chapter 119 (relating to administrative rule-making) in adopting Hearing Officer Memo E.7 because Memo E.7 is an interpretation of statutory and case law, not an expansion of authority.

Vote: 7-0
Opinion by: Per Curiam

January 2004

January 21

Devore Roofing & Painting, State ex rel. v. Indus. Comm. (1/21/04)

VSSR: Commission did not abuse its discretion when it found that employer committed VSSR because provision of safety code which covered "construction equipment" applied to scaffolding.

Vote: 7-0
Opinion by: Justice Resnick

2003

December 2003

<< No decisions indexed >>

November 2003

November 26

Hassan, State ex rel. v. Marsh Bldg. Products (11/26/03)

Temporary Total: An injured worker who abandons his employment becomes eligible for temporary total when he returns to part-time work.

Vote: 7-0
Opinion by: Per Curiam

October 2003

October 22

Ameen, State ex rel. v. Indus. Comm. (10/22/03)

Wage Loss: Injured worker who took a job as a teacher after she could no longer work as a nurse due to her injury did not forfeit right to wage loss by failure to continue to look for higher paying work. Work as teacher was a legitimate use of worker's education and involved future prospects (such as raises and job security) which justified worker's decision to take job.

Vote: 6-1
Opinion by: Per Curiam

Coolidge v. Riverdale Local School Dist. (10/22/03)

Temporary Total: Employees who are temporary and totally disabled cannot be discharged for absenteeism resulting from period of work missed while they are temporarily and totally disabled.

Vote: 7-0
Opinion by: Justice Resnick

Romans, State ex rel. v. Elder Beerman (10/22/03)

Continuing Jurisdiction: Amendment to R.C. 4123.52 relating to expiration of medical-only claim after six years of inactivity did not change length of time claim remains alive. Amendment changed definition of "inactivity" by providing that payment of a medical bill constitutes "activity." Therefore, change was procedural and not jurisdictional and applies to claimant who was injured before effective date of amendment.

Vote: 7-0
Opinion by: Per Curiam

September 2003

September 24

Hawkins, State ex rel. v. Indus. Comm. (9/24/03)

Impairment of Earning Capacity: Claimant who does not show desire to work is not entitled to impairment of earning capacity award.

Vote: 7-0
Opinion by: Per Curiam

Mahoney, State ex rel. v. Team Am. 3, Inc. (9/24/03)

VSSR: Commission's finding that "overhead protection" was provided by employer as required by safety code was supported by "some evidence."

Vote: 4-3
Opinion by: Justice Lundberg Stratton

Warnock, State ex rel. v. Indus. Comm. (9/24/03)

Medical: Minor discrepencies as to height and age of claimant, and one incorrect statement of claimant's name (when claimant's name is correctly identified eight other times) do not render medical reports invalid.

Vote: 7-0
Opinion by: Per Curiam

Wheeling-Pittsburgh Steel Corp., Inc., State ex rel. v. Indus. Comm. (9/24/03)

VSSR: Under O.A.C. 4121:1-5-02(D)(4), where operating conditions do not permit use of standard guardrail, no additional guardrail is required. In determining whether operating conditions permit use of guardrail, issue is only whether standard guardrail can be used, not whether a modified guardrail could have been used.

Vote: 5-2
Opinion by: Per Curiam

August 2003

August 6

Hammer, State ex rel. v. Indus. Comm. (8/6/03)

Temporary Total: Commission did not abuse its discretion in denying temporary total to employee who had been fired for violating written work rule.

Vote: 7-0
Opinion by: Per Curiam

July 2003

July 30

Clark, State ex rel. v. Indus. Comm. (7/30/03)

Medical: Commission is not unreasonable in permitting employer to charge a 25 cent per page copying charge for copies of medical documents.

Vote: 6-0
Opinion by: Justice O'Connor

July 23

Daniels, State ex rel. v. Indus. Comm. (7/23/03)

Temporary Total: Where employer fired claimant who did not return to work after expiration of medical restriction on working, and who did not contemporaneously file medical documentation to extend disability period, Commission properly terminated temporary total on finding that claimant had abandoned his employment.

Vote: 6-0
Opinion by: Per Curiam

Ignatious, State ex rel. v. Indus. Comm. (7/23/03)

Temporary Total: Claimant is not required to prove that a non-allowed condition is not disabling; where medical evidence links claimant's temporary total disability to allowed condition, claimant is entitled to temporary total disability compensation.

Vote: 6-0
Opinion by: Per Curiam

Martin, State ex rel. v. Indus. Comm. (7/23/03)

Occupational Disease: Where claim allowance indicated that respiratory disease was due to exposure to fumes and vapors, claimant was not eligible for change of occupation award which only applies where respiratory disease is due to exposure to dust.

Vote: 4-2
Opinion by: Per Curiam

July 16

Blanton, State ex rel. v. Indus. Comm. (7/16/03)

Medical: Commission's conclusion that medical evidence did not support a causal connection between treatment and injury was not an abuse of discretion.

Vote: 6-0
Opinion by: Per Curiam

June 2003

<< No decisions indexed >>

May 2003

May 16

Ackerman, State ex rel. v. Indus. Comm. (5/16/03)

Fraud: Evidence supported Commission's finding that claimant who was receiving permanent total committed fraud by receiving permanent total when he was engaged in work activity.

Vote: 7-0
Opinion by: Per Curiam

Am. Stan., Inc., State ex rel. v. Boehler (5/16/03)

Temporary Total: Injured worker's actions as owner of rental property did not bar him from receipt of temporary total. When doctor indicated on C-84 that the condition was not MMI, evidence supported award of temporary total.

Vote: 7-0
Opinion by: Per Curiam

Franks, State ex rel. v. Indus. Comm. (5/16/03)

Amputation/Loss of Use: Where only medical evidence to address issue demonstrated that claimant had suffered loss of use of one-half of big toe, claimant was entitled to award for loss of use of one-half of big toe.

Vote: 7-0
Opinion by: Per Curiam

Hiatt, State ex rel. v. Indus. Comm. (5/16/03)

Death: Commission properly set average weekly wage of deceased injured worker at $0.

Vote: 5-2
Opinion by: Justice Cook

King, State ex rel. v. Indus. Comm. (5/16/03)

Death: Death benefit payments were properly set at minimum amount.

Vote: 5-1, 1 concurs in part and dissents in part
Opinion by: Justice Cook

Ohio Treatment Alliance, State ex rel. v. Paasewe (5/16/03)

Temporary Total: Claimant returned to work after period of temporary total, worked for a few days, and was then fired. Claimant then claimed he was temporary total. Medical evidence which did not indicate that condition worsened, or why condition prevented claimant from working after release to return to work, did not support temporary total.

Vote: 7-0
Opinion by: Per Curiam

Smith, State ex rel. v. Indus. Comm. (5/16/03)

VSSR: Commission did not abuse its discretion by making minimum VSSR award.

Vote: 7-0
Opinion by: Per Curiam

Timken Co., State ex rel. v. Kovach (5/16/03)

Wage Loss: Commission properly awarded wage loss to employee who accepted lower paying job with previous employer. Job search was not required because of time invested with employer. Claimant was not disqualified because of alleged refusal of higher paying job because (1) job offer was not in writing, as required, and (2) job offer did not comply with claimant's medical restrictions.

Vote: 6-1
Opinion by: Per Curiam

May 7

Holiday, State ex rel. v. Indus. Comm. (5/7/03)

Mandamus: Failure to administratively appeal decision to deny temporary total bars writ of  mandamus, even if claimant had been unrepresented.

Vote: 6-1
Opinion by: Per Curiam

Jackson Tube Services, Inc. v. Indus. Comm. (5/7/03)

Temporary Total: Temporary total cannot be based on non-allowed conditions.

Vote: 5-2
Opinion by: Per Curiam

April 2003

April 16

United States Steel Corp., State ex rel. v. Zaleski (4/16/03)

Trial Practice: Trial court does not clearly lack jurisdiction over case involving multiple claimants filing single notice of appeal.

Vote: 7-0
Opinion by: Per Curiam

March 2003

March 26

Jones v. Action Coupling & Equip., Inc. (3/26/03)

Settlement: R.C. 4123.65 (30 day "cooling off" period for settlement agreements) does not apply to settlements of R.C. 4123.512 appeals in state fund claims.

Vote: 7-0
Opinion by: Justice Sweeney

March 5

Jennings, State ex rel. v. Indus. Comm. (3/5/03)

Temporary Total: Commission properly denied temporary total to worker who was fired for unexcused absenteeism and had never returned to any form of work.

Vote: 7-0
Opinion by: Per Curiam

February 2003

<< No decisions indexed >>

January 2003

<< No decisions indexed >>

2002

December 2002

December 24

Supreme Bumpers, Inc., State ex rel. v. Indus. Comm. (12/24/02)

VSSR: Court does not require direct evidence of VSSR and, in making its decision, the Commission is permitted to rely on its common sense and draw reasonable inferences.

Vote: 6-0, 1 concurs in judgment only
Opinion by: Justice Resnick

December 20

Ford Motor Co., State ex rel. v. Indus. Comm. (12/20/02)

Temporary Total: Minimal activities (signing checks for employees) relating to business owned by injured worker which only secondarily produced income do not bar temporary total.

Vote: 7-0
Opinion by: Per Curiam

Smith, State ex rel. v. Indus. Comm. (12/20/02)

Continuing Jurisdiction: Commission failure to act within reasonable time meant that there was no basis for Commission to exercise continuing jurisdiction.

Vote: 7-0
Opinion by: Per Curiam

December 18

Ohio AFL-CIO, State ex rel. v. Ohio Bur. of Workers' Comp. (12/18/02)

Injury: Suspicionless drug/alcohol testing of injured workers violates constitutional right to be free from unreasonable searches.

Vote: 4-3
Opinion by: Justice Pfeifer

December 13

Kirby, State ex rel. v. Indus. Comm. (12/13/02)

Permanent Total: Evidence supported Commission finding that worker who had engaged in work activity while receiving permanent total disability was not entitled to permanent total received and had committed fraud.

Vote: 7-0
Opinion by: Per Curiam

Miller, State ex rel. v. Indus. Comm. (12/13/02)

Amputation/Loss of Use: Worker injured before 11/16/73 can receive both amputation/loss of use award and permanent total award in same claim.

Vote: 7-0
Opinion by: Per Curiam

December 4

Baker, State ex rel. v. Indus. Comm. (12/4/02)

Permanent Total: Commission properly determined permanent total start date.

Vote: 7-0
Opinion by: Per Curiam

Earls, State ex rel. v. Indus. Comm. (12/4/02)

Temporary Total: Because there was no medical evidence relating inability to work to allowed condition, claimant was not entitled to temporary total.

Vote: 6-1
Opinion by: Per Curiam

Green, State ex rel. v. Ohio Dept. of Mental Retardation & Developmental Disabilities (12/4/02)

Amputation/Loss of Use: Ankylosis is not only condition which will entitle claimant to compensation for loss of use; any condition which results in total loss of use justifies loss of use award.

Vote: 7-0
Opinion by: Per Curiam

Price, State ex rel. v. Cent. Serv., Inc. (12/4/02)

Permanent Total: Special circumstances of case involving worker with 1969 injury who worked until 1997 justified applying permanent total maximum rate in effect in 1997 to determine permanent total award, rather than permanent total maximum rate in effect in 1969.

Vote: 4-3
Opinion by: Justice Resnick

November 2002

November 13

Alesci, State ex rel. v. Indus. Comm. (11/13/02)

Permanent Total: Evidence that claimant engaged in work activity justified Commission exercise of continuing jurisdiction to terminate permanent total and declare overpayment of permanent total previously paid.

Vote: 7-0
Opinion by: Per Curiam

November 6

Value City Dept. Stores, State ex rel. v. Indus. Comm. (11/06/02)

Temporary Total: Finding of MMI at one time does not prevent later finding that injured worker is entitled to temporary total if allowed condition(s) worsen and evidence indicates that condition(s) may subsequently improve.

Vote: 7-0
Opinion by: Per Curiam

Yellow Freight Sys., Inc., State ex rel. v. Indus. Comm. (11/06/02)

Permanent Partial: Commission properly awarded increase in permanent partial award.

Vote: 7-0
Opinion by: Per Curiam

October 2002

October 23

Pate, State ex rel. v. Indus. Comm. (10/23/02)

Permanent Total: Commission properly denied claimant's request to depose doctor. Disagreement between doctors about claimant's ability to work could be resolved through hearing.

Vote: 5-2
Opinion by: Per Curiam

Schlosser, State ex rel. v. Indus. Comm. (10/23/02)

Temporary Total: Report from doctor who did not believe allowed condition existed does not support finding MMI because doctor gave opinion about status of a different condition.

Vote: 7-0
Opinion by: Per Curiam

October 16

M. Weingold & Co., State ex rel. v. Indus. Comm. (10/16/02)

Temporary Total: Substantial inconsistencies between two C-84 reports resulting from same examination mean that C-84 reports are not "some evidence" to support temporary total award. Where temporary total compensation payments are not ongoing, provision requiring payment of ongoing compensation until hearing does not apply.

Vote: 5-2
Opinion by: Per Curiam

McCoy, State ex rel. v. Dedicated Transport, Inc. (10/16/02)

Temporary Total: Employee remains eligible for temporary total after they voluntarily abandon employment they were doing when injured if they re-enter the work force and their allowed condition causes them to be temporary total.

Vote: 7-0
Opinion by: Justice Resnick

Ohio Aluminum Industries, Inc., State ex rel. v. Indus. Comm. (10/16/02)

Employer: Bureau's classification of employer's business (for premium determination) was not unreasonable and was supported by "some evidence."

Vote: 7-0
Opinion by: Per Curiam

Reynolds, State ex rel. v. Indus. Comm. (10/16/02)

Temporary Total: Commission must reconsider denial of temporary total and determine whether injured worker abandoned job market, in light of Supreme Court decision that temporary total is denied because of leaving employment only where worker abandons job market.

Vote: 5-0, 2 concur in judgment only
Opinion by: Per Curiam

Thomas, State ex rel. v. Indus. Comm. (10/16/02)

Permanent Total: Loss of arm entails loss of both hand and arm. Therefore, claimant is entitled to award of statutory permanent total (based on loss of two or more specified body parts, including hands and arms).

Vote: 4-3
Opinion by: Per Curiam

September 2002

September 25

Hubbard, State ex rel. v. Indus. Comm. (9/25/02)

Death: Administrative delay in processing claim for malignant mesothelioma resulting from work exposure to asbestos meant that Commission improperly abated claim upon death of claimant and widow was entitled to receive compensation owed to deceased worker.

Vote: 7-0
Opinion by: Per Curiam

Qiblawe, State ex rel. v. Indus. Comm. (9/25/02)

Amputation Award: Claimant who has finger amputated and surgically reattached at a different location to replace finger amputated due to work injury is not entitled to second amputation award.

Vote: 7-0
Opinion by: Per Curiam

Whitacre-Greer Fireproofing Co., State ex rel. v. Indus. Comm. (9/25/02)

Employer: Bureau is required to refund assessments improperly collected from employer; provision limiting refund of premiums improperly collected does not apply because assessments and premiums are different things.

Vote: 7-0
Opinion by: Per Curiam

August 2002

<< No decisions indexed >>

July 2002

July 31

ABF Freight Sys., Inc., State ex rel. v. Indus. Comm. (7/31/02)

Loss of Use: Where none of the medical reports found total stiffness of thumb, Commission improperly made award for loss of use of thumb based on ankylosis.

Vote: 7-0
Opinion by: Per Curiam

Isaacs, State ex rel. v. Indus. Comm. (7/31/02)

Loss of Use: Doctor's report which found much wrong with foot, but not total loss, was "some evidence" to support Commission denial of award for loss of use of foot.

Vote: 6-1
Opinion by: Per Curiam

July 24

Garrett, State ex rel. v. Indus. Comm. (7/24/02)

Continuing Jurisdiction: Compensation can only be awarded for two years before the application; a request for allowance of an additional condition is not an application for compensation.

Vote: 7-0
Opinion by: Per Curiam

July 10

Schultz, State ex rel. v. Indus. Comm. (7/10/02)

Permanent Total: Where claimant is actively doing work for which she could be paid, Commission properly terminated permanent total even in the absence of medical evidence indicating that she had ability to work.

Vote: 7-0
Opinion by: Per Curiam

WCI Steel, Inc., State ex rel. v. Indus. Comm. (7/10/02)

Wage Loss: 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

June 2002

June 12

United Auto Aerospace & Agricultural Implement Workers of Am. v. Ohio Bur. of Workers' Comp. (6/12/02)

Misc: Premium reduction credit given by Bureau of Workers' Compensation to employers in 1999 (giving credit for past premiums) was improper because Bureau did not follow statutory requirement that only permits it to reduce future premiums; credit was also improper because Bureau failed to adopt rule providing for reduction of premiums as required by statute.

Vote: 4-3, 1 concurs in syllabus and judgment only
Opinion by: Justice Douglas

May 2002

May 29

Cox, State ex rel. v. Greyhound Food Mgt., Inc. (5/29/02)

Permanent Total: Commission properly denied claimant's request to depose doctor. "Substantial disparity" between doctors' reports did not exist because even though there was a substantial difference between the disability percentages assigned by the doctors, both doctors agreed that claimant was capable of working and claimant had opportunity to contest alleged flaws in the report by presentation at hearing.

Vote: 7-0
Opinion by: Per Curiam

Hadbavny, State ex rel. v. Indus. Comm. (5/29/02)

Temporary Total: Order denying temporary total, which stated it was based on "all proof in file" does not satisfy the requirement that an order state the evidence relied on and the reasoning for the decision. Order was also invalid because (1) denial of temporary total conflicts with statement in order that employer's appeal was denied and (2) order did not explain how employer's firing claimant satisfied requirements for a discharge to bar receipt of temporary total.

Vote: 7-0
Opinion by: Per Curiam

Parma Community Gen. Hosp., State ex rel. v. Jankowski (5/29/02)

Temporary Total: The purpose of temporary total compensation is to compensate an injured worker for lost earnings. Therefore, a claimant who is receiving temporary total and performs activities in a workplace environment is not barred from receipt of temporary total if (1) the claimant is not paid for the activities, and (2) the activities are not inconsistent with the claim that the claimant is incapable of performing their prior work activities.

Vote: 7-0
Opinion by: Per Curiam

May 8

Gibson v. Drainage Products, Inc. (5/8/02)

Intentional Tort: Evidence that employer's actions and policies required employee to engage in dangerous task satisfies third requirement of three-part intentional tort test, and is sufficient to withstand a directed verdict motion. The employee is not required to show that employer expressly ordered employee to perform the dangerous task.

Vote: 5-2
Opinion by: Justice Douglas

Norgard v. Brush Wellman, Inc. (5/8/02)

Intentional Tort: Statute of limitations in intentional tort begins to run when employee discovers (or should have discovered) both that injury occurred and that injury resulted from wrongful actions of employer.

Vote: 4-3
Opinion by: Justice Sweeney

Yates, State ex rel. v. Abbott Laboratories, Inc. (5/8/02)

Wage Loss: In some situations, Commission can require a claimant who is working full time to engage in a job search to be eligible for wage loss.

Vote: 4-0, 2 concur in part and dissent in part
Opinion by: Per Curiam

May 1

Timken Co., State ex rel. v. Hammer (5/1/02)

VSSR: If a safety code does not define a term, the Commission can determine the meaning of the term; safety code provision which sets forth acceptable changes to equipment puts employer on notice that changes which are not listed are unacceptable; and where driver testified that added equipment caused him to lose sight of decedent, Commission properly makes inference that driver would have tried to avoid decedent if he had seen decedent.

Vote: 7-0
Opinion by: Per Curiam

April 2002

April 24

Honda Transm. Mfg. of Am., Inc., State ex rel. v. Indus. Comm. (4/24/02)

Wage Loss: Wage loss denied where there was no evidence that claimant who was working at much lower paying job than job of injury had conducted a good faith job search.

Vote: 4-3
Opinion by: Per Curiam

Royal, State ex rel. v. Indus. Comm. (4/24/02)

Continuing Jurisdiction: Continuing jurisdiction improperly applied where order merely found "possibility of error." Neither identification of error in later order nor the motion for reconsideration setting forth the reason the challenging party thought reconsideration was justified justifies reconsideration in such a situation.

Vote: 7-0
Opinion by: Per Curiam

April 10

Johnson, State ex rel. v. Hilltop Basic Resources, Inc. (4/10/02)

VSSR: (1) Workshop and factory safety code can apply to injury which occurred in fenced-in yard; (2) "construction" industry safety code does not apply to "maintenance work" performed for employer not in construction industry; (3) amendment which raises new claim cannot be made once time limit for filing VSSR has passed.

Vote: 7-0
Opinion by: Per Curiam

Osco Industries, Inc., State ex rel. v. Indus. Comm. (4/10/02)

Medical: Medical evidence supported Commission's decision to order surgery to relieve pain. Doctor's pessimistic statements about result does not contradict recommendation of surgery, but indicates doctor was reluctant to guarantee success.

Vote: 7-0
Opinion by: Per Curiam

April 3

Gillette, State ex rel. v. Indus. Comm. (4/3/02)

AWW: Average weekly wage for injured worker is properly based on the wages for the year before injury.

Vote: 7-0
Opinion by: Per Curiam

Jerdo, State ex rel. v. Pride Cast Metals, Inc. (4/3/02)

Permanent Total: Commission properly terminated permanent total award where claimant was working as a minister.

Vote: 7-0
Opinion by: Per Curiam

March 2002

March 27

Baltimore Ravens, Inc. v. Self-Insuring Emp. Evaluation Bd. (3/27/02)

Misc: Decisions of Self-Insuring Employers Evaluation Board cannot be appealed to court under R.C. 119.12.

Vote: 6-1
Opinion by: Justice Resnick

LTV Steel Co., State ex rel. v. Indus. Comm. (3/27/02)

Permanent Total: Permanent total cannot be denied because claimant refused a "bona fide job offer" where job offer was not within claimant's restrictions as found by attending physician.

Vote: 4-3
Opinion by: Justice Pfeifer

March 6

Durben, State ex rel. v. Indus. Comm. (3/6/02)

Temporary Total: Claimant who leaves job to take another job does not forfeit eligibility for future temporary total.

Vote: 7-0
Opinion by: Per Curiam

Garza, State ex rel. v. Indus. Comm. (3/6/02)

VSSR: "Operating cycle" for purposes of determining whether the employer committed a VSSR by violating O.A.C. 4121:1-5-11(E) refers to a cycle that is operator-intended.

Vote: 4-3
Opinion by: Per Curiam

Martin, State ex rel. v. Indus. Comm. (3/6/02)

Temporary Total: Where there was no valid evidence supporting temporary total claim, Commission properly denied temporary total and properly ordered recoupment of temporary total improperly paid.

Vote: 6-0
Opinion by: Per Curiam

Miller, State ex rel. v. Indus. Comm. (3/6/02)

Permanent Partial: Provision of R.C. 4123.68(W) which prevents fire fighter with an R.C. 4123.68(W) occupational disease from receipt of a permanent partial award does not violate equal protection.

Vote: 7-0
Opinion by: Per Curiam

February 2002

February 27

Cave v. Conrad (2/27/02)

Trial Practice: Claimant who wins workers' compensation appeal entitled to payment of reasonable deposition expenses as costs of case under R.C. 4123.512(F).

Vote: 6-0
Opinion by: Justice Douglas

February 6

Carter, State ex rel. v. Penske Truck Leasing, Inc. (2/6/02)

Misc: Two and one-half year delay in seeking reconsideration of Commission order justified Commission's denial of reconsideration as untimely.

Vote: 7-0
Opinion by: Per Curiam

Meissner, State ex rel. v. Indus. Comm. (2/6/02)

Amputation Award: Claimant suffered ankylosis (total stiffness) of the tip of his right ring finger. Under R.C. 4123.57(B), Commission properly made award for loss of use of one-third of finger, statute did not require award for loss of use of two-thirds of finger.

Vote: 7-0
Opinion by: Per Curiam

January 2002

January 30

Carder, State ex rel. v. Indus. Comm. (1/30/02)

VSSR: Commission did not abuse its discretion by determining that a closed skylight was not an "opening" for purposes of VSSR decision.

Vote: 7-0
Opinion by: Per Curiam

McCullough, State ex rel. v. Indus. Comm. (1/30/02)

Misc: Former pro football player's challenge to provisions of R.C. 4123.56(C) should be brought in declaratory judgment, not mandamus.

Vote: 7-0
Opinion by: Per Curiam

Rouweyha, State ex rel. v. Indus. Comm. (1/30/02)

Wage Loss: Claimant doctor's failure to provide any information about job or job search supported Commission decision denying wage loss for failure to engage in good faith job search.

Vote: 7-0
Opinion by: Per Curiam

January 16

Bishop, State ex rel. v. Waterbeds 'N' Stuff, Inc. (1/16/02)

VSSR: Where there is no evidence that complying with safety requirement would have prevented accident, or lessened severity of accident, VSSR application properly denied.

Vote: 6-1
Opinion by: Per Curiam

Pytlinski v. Brocar Prod., Inc. (1/16/02)

Misc: Ohio public policy favors workplace safety. A cause of action for wrongful discharge based on violation of this public policy has a four year statute of limitations.

Vote: 4-1, 2 concur in judgment only
Opinion by: Justice Douglas

January 9

Justice, State ex rel. v. Dairy Mart, Inc. (1/9/02)

AWW: Where claimant files motion to correct average weekly wage calculation, readjustment should be applied to compensation paid for two years prior to date of motion, but not for compensation paid more than two years prior to date of motion.

Vote: 5-2
Opinion by: Per Curiam

2001

December 2001

<< No decisions indexed >>

November 2001

<< No decisions indexed >>

October 2001

October 17

Lunsford, State ex rel. v. Indus. Comm. (10/17/01)

AWW: Where claimant files motion to correct average weekly wage calculation, readjustment should be applied to compensation paid for two years prior to date of motion, but not for compensation paid more than two years prior to date of motion.

Vote: 7-0
Opinion by: Per Curiam

September 2001

September 26

Dazier, State ex rel. v. Indus. Comm. (9/26/01)

Permanent Partial: Where doctor's report attributed permanent partial percentage to allowed and non-allowed conditions, but did not indicate amount attributed only to allowed condition, report did not support a permanent partial award.

Vote: 4-3
Opinion by: Per Curiam

Middlesworth, State ex rel. v. Regal Ware, Inc. (9/26/01)

Permanent Total: Commission properly relied on doctor's report to deny permanent total where doctor indicated that condition was not currently disabling. Report did not indicate repudiation of allowance. Worker who suffered a "dust-induced occupational disease" is eligible for change of occupation award.

Vote: 5-2
Opinion by: Justice Lundberg Stratton

Schack, State ex rel. v. Indus. Comm. (9/26/01)

Temporary Total: An injured worker who leaves the employment they were doing when injured remains eligible for temporary total when they have not abandoned the job market, even if the reason for leaving their job was unrelated to the injury. [In this case, the injured worker resigned as part of the settlement of a law suit.]

Vote: 7-0
Opinion by: Per Curiam

Wagers, State ex rel. v. Indus. Comm. (9/26/01)

Temporary Total: An injured worker who leaves the employment they were doing when injured remains eligible for temporary total when they have not abandoned the job market, even if the reason for leaving their job was unrelated to the injury. [In this case, the injured worker resigned because he was eligible to retire, and because he was a police officer who did not live in the village, as required by ordinance.] Wage loss is properly denied where evidence demonstrates that injury did not force injured worker to take lower paying job.

Vote: 5-1, 1 concurs in part and dissents in part
Opinion by: Per Curiam

September 5

Drone, State ex rel. v. Indus. Comm. (9/5/01)

AWW: Where BWC discovers error in average weekly wage calculation and corrects it, two year limitation of R.C. 4123.52 does not apply. Correction must be made to amount of all compensation previously paid.

Vote: 5-1, 1 concur in judgment
Opinion by: Per Curiam

Turbine Engine Components Textron, Inc., State ex rel. v. Indus. Comm. (9/5/01)

Medical: Commission properly excluded medical evidence submittted after evidentiary deadline set by letter from Commission even though Commission later sent second letter with a later date.

Vote: 6-1
Opinion by: Per Curiam

August 2001

August 22

McKnabb, State ex rel. v. Indus. Comm. (8/22/01)

Temporary Total: Injured worker who was fired for violating employer's absentee policy is not barred from receipt of temporary total where policy was not a written policy.

Vote: 4-2, 1 concur in judgment
Opinion by: Per Curiam

August 15

Clark, State ex rel. v. Indus. Comm. (8/15/01)

Temporary Total: Hostage leave benefits paid to prison guard were a collectively bargained benefit which was not intended to replace temporary total. Therefore, there is no offset against temporary total for hostage leave benefits.

Vote: 6-1
Opinion by: Justice Douglas

Crim, State ex rel. v. Ohio Bur. of Workers' Comp. (8/15/01)

Temporary Total: Teacher who works for 9 months, but is paid over 12 months, is not barred from receipt of temporary total during summer months because of payment for period previously worked.

Vote: 6-1
Opinion by: Justice Douglas

David's Cemetary, State ex rel. v. Indus. Comm. (8/15/01)

Temporary Total: Commission did not abuse discretion by awarding temporary total for certain periods. Fact that claimant quit work does not bar future temporary total. Nor does fact that claimant engaged in other work bar future temporary total when claimant becomes incapable of work.

Vote: 7-0
Opinion by: Per Curiam

Ellis, State ex rel. v. Indus. Comm. (8/15/01)

Temporary Total: Commission properly declared overpayment and ordered recoupment of temporary total pursuant to fraud provisions where fact that claimant was working while receiving temporary total indicated that C-84s were false.

Vote: 7-0
Opinion by: Per Curiam

Highfill, State ex rel. v. Indus. Comm. (8/15/01)

VSSR: VSSR must be awarded where employer failed to comply with provisions of safety code.

Vote: 7-0
Opinion by: Per Curiam

Johnston, State ex rel. v. Ohio Bur. of Workers' Comp. (8/15/01)

Settlement: Where Bureau takes an unreasonable time to process a settlement application, and claimant dies, administrative code provision that claim abates on death does not apply.

Vote: 5-2
Opinion by: Justice Resnick

Middleburg Hts., State ex rel. v. Indus. Comm. (8/15/01)

Wage Loss: Commission did not abuse its discretion in calculating wage loss compensation by apportioning bonus payments to specific weeks for which bonus was earned.

Vote: 7-0
Opinion by: Per Curiam

August 8

Edwards, State ex rel. v. Indus. Comm. (8/8/01)

VSSR: Commission did not abuse its discretion by denying VSSR award where it calculated height of worker based on height at time of injury (as opposed to highest possible point).

Vote: 7-0
Opinion by: Per Curiam

July 2001

July 25

Jones, State ex rel. v. Conrad (7/25/01)

Settlement: R.C. 4123.65(C) requires an employer that wants to withdraw consent from a settlement agreement to notify both the Bureau and the Claimant in writing. Failure to do so makes the settlement agreement binding after the 30 day "cooling off" period passes.

Vote: 7-0
Opinion by: Per Curiam

July 18

Northwestern Ohio Bldg. & Constr. Trades Council v. Conrad (7/18/01)

Medical: MCO funding method is constitutional.

Vote: 4-3
Opinion by: Justice Cook

July 11

Scioto Metals, Inc., State ex rel. v. Indus. Comm. (7/11/01)

VSSR: Evidence supported Commission's finding of violation of specific safety requirement.

Vote: 7-0
Opinion by: Per Curiam

Toledo Neighborhood Hous. Serv., Inc., State ex rel. v. Indus. Comm. (7/11/01)

VSSR: Employer violates VSSR code which requires employer to provide safety equipment when claimant is unaware that equipment was at job site.

Vote: 7-0
Opinion by: Per Curiam

July 5

Kilgore v. Chrysler Corp. (7/5/01)

Trial Practice: A claimant who wins an R.C. 4123.512 appeal to court is entitled to recover attorney's travel expenses, or any other costs which are "traditionally charged to clients" and "have a proportionally serious impact" on the award.

Vote: 4-3
Opinion by: Justice Pfeifer

June 2001

June 27

Holeton v. Crouse Cartage Co. (6/27/01)

Trial Practice: Subrogation statute, R.C. 4123.931, declared unconstitutional.

Vote: 4-3
Opinion by: Justice Resnick

Reliance Elec. Co., State ex rel. v. Wright (6/27/01)

Permanent Total: Commission properly awarded permanent total to individual who had retired where he was diagnosed with pneumoconiosis years after he had retired.

Vote: 4-3
Opinion by: Justice Resnick

June 13

Cobble, State ex rel. v. Indus. Comm. (6/13/01)

AWW: Adjustment to average weekly wage limited to two years before filing of motion to correct average weekly wage where claimant had waited 10 years to file motion.

Vote: 7-0
Opinion by: Per Curiam

Continental Hose, State ex rel. v. Swartz (6/13/01)

Occupational Disease: Date of disability for occupational disease claim determines employer risk assignment. Where date of disability has previously been determined, and risk assigned based on that date of disability, mandamus will not issue because Bureau would be powerless to change risk assignment.

Vote: 7-0
Opinion by: Per Curiam

May 2001

May 23

Bond, State ex rel. v. Velotta Co. (5/23/01)

Mandamus: Decisions to allow or disallow an additional condition must be challenged by an R.C. 4123.512 appeal, not through mandamus.

Vote: 6-0, 1 concurs in judgment
Opinion by: Per Curiam

Kenton Structural & Ornamental Iron Works, Inc., State ex rel. v. Indus. Comm. (5/23/01)

VSSR: Evidence supported Commission's finding violation of a specific safety requirement.

Vote: 6-0, 1 concurs in judgment
Opinion by: Per Curiam

Staton, State ex rel. v. Indus. Comm. (5/23/01)

Temporary Total: Abandonment of employment concept applies to worker who "voluntarily abandoned the entire labor market." Where injured worker vacates work force for reasons unrelated to injury, injured worker loses eligibility for temporary total.

Vote: 4-3
Opinion by: Per Curiam

April 2001

April 11

Backus, State ex rel. v. Indus. Comm.s (4/11/01)

Impairment of Earning Capacity: Impairment of earning capacity award properly denied where worker capable of other employment and lack of earnings due to lack of interest in other employment.

Vote: 6-1
Opinion by: Per Curiam

Coulter, State ex rel. v. Indus. Comm. (4/11/01)

Impairment of Earning Capacity: Injured worker may be eligible for impairment of earning capacity award even if unable to work; job search is not required if injured worker not capable of working.

Vote: 7-0
Opinion by: Per Curiam

Cunningham, State ex rel. v. Indus. Comm. (4/11/01)

Permanent Total: Permanent total properly denied where Commission based denial on fact that claimant did not attempt vocational rehabilitation and no extenuating circumstances excused failure to attempt vocational rehabilitation.

Vote: 6-1
Opinion by: Per Curiam

Kilbane, State ex rel. v. Indus. Comm. (4/11/01)

Settlement: Change in R.C. 4123.65 regarding hearing on settlement application was procedural. Therefore, law in effect when settlement was filed applies, rather than law in effect on date of injury.

Vote: 7-0
Opinion by: Per Curiam

Occidental Chem. Corp., State ex rel. v. Ohio Bur. of Workers' Comp. (4/11/01)

Employer: When an employer switches its status from self-insured to state fund (or from state fund to self-insured), the employer's status at the time of the injury (or injurious exposure, if occupational disease) determines whether claim is to be paid from state fund or by self-insurer.

Vote: 7-0
Opinion by: Per Curiam

March 2001

March 14

Avalotis Painting Co., State ex rel. v. Indus. Comm. (3/14/01)

VSSR: Commission did not abuse discretion in finding that a VSSR occurred where employer failed to rig lifeline and ordered worker to paint without lifeline.

Vote: 7-0
Opinion by: Per Curiam

March 7

Greco, State ex rel. v. Indus. Comm. (3/7/01)

VSSR: Issue in a VSSR claim of whether the employer provided safety equipment depends on whether employer made equipment available. Where safety equipment was not at job site, it was not available and VSSR occurred.

Vote: 5-2
Opinion by: Per Curiam

Riter, State ex rel. v. Indus. Comm. (3/7/01)

Amputation Award: Ankylosis of thumb's IP joint does not render thumb useless and does not entitle claimant to award for total loss of use of thumb.

Vote: 7-0
Opinion by: Per Curiam

Welker, State ex rel. v. Indus. Comm. (3/7/01)

Amputation Award: Where thumb was amputated and reattached, determination of eligibility for loss (or loss of use) depends on condition of thumb after being reattached.

Vote: 5-2
Opinion by: Per Curiam

February 2001

February 28

Evenflo Juv. Furniture Co. v. Finkle (2/28/01)

Impairment of Earning Capacity: Claimant who cannot perform sustained remunerative employment is not required to conduct job search to be eligible for impairment of earning capacity award. Claimant can receive impairment of earning capacity award while receiving social security disability.

Vote: 7-0
Opinion by: Per Curiam

Funk v. Rent-All Mart, Inc. (2/28/01)

Intentional Tort: Employment intentional tort claim is governed by two year statute of limitations.

Vote: 6-0, 1 concur in judgment
Opinion by: Justice Lundberg Stratton

February 7

Bailey v. Republic Engineered Steels, Inc. (2/7/01)

Injury: A worker who suffers a psychiatric injury (without a physical injury) satisfies the statutory definition of injury where the psychiatric injury was caused by a co-worker's physical injury.

Vote: 4-3
Opinion by: Justice Sweeney

January 2001

January 31

Collins, State ex rel. v. Indus. Comm. (1/31/01)

Temporary Total: Evidence supported injured worker's claim that her temporary total disability was due to allowed condition of depression. Therefore, Commission improperly denied temporary total.

Vote: 7-0
Opinion by: Per Curiam

January 17

Greene, State ex rel. v. Martin Sprocket & Gear, Inc. (1/17/01)

VSSR: Commission decision that exception to safety code applied was supported by some evidence where it was based on reality of how equipment was used, rather than theory of how equipment should have been used.

Vote: 7-0
Opinion by: Per Curiam

2000

December 2000

December 27

Coxson, State ex rel. v. Dairy Mart Stores of Ohio, Inc. (12/27/00)

Temporary Total: For an offer of suitable work within the injured worker's physical abilities to justify termination of temporary total, the offer must be clearly within the worker's medical restrictions.

Vote: 5-0, 2 concur in part and dissent in part
Opinion by: Per Curiam

Miller, State ex rel. v. Armstrong Air Conditioning (12/27/00)

Amputation Award: Injured worker who suffers ankylosis of the toes is eligible for loss of use award, but must prove that the ankylosis caused a total loss of use to receive the award.

Vote: 7-0
Opinion by: Per Curiam

Schrichten, State ex rel. v. Indus. Comm. (12/27/00)

Injury: Self-insurer did not allow claim for additional condition where it did not so indicate on C-174 form.

Vote: 5-2
Opinion by: Per Curiam

December 20

Bea, State ex rel. v. Kroger Co. (12/20/00)

Temporary Total: Issue of what conditions had been allowed must be clarified before Court can determine whether or not request for temporary total was based on non-allowed conditions where there was confusion over what conditions had been allowed.

Vote: 7-0
Opinion by: Per Curiam

Sugardale Foods, Inc., State ex rel. v. Indus. Comm. (12/20/00)

Medical: Commission has jurisdiction to rule on claim for medical services and approve or deny medical treatment.

Vote: 5-2
Opinion by: Justice Lundberg Stratton

December 13

Bos, State ex rel. v. Navistar Intl. Transp. Corp. (12/13/00)

Wage Loss: Wage loss compensation is paid on a weekly basis, by comparison of the pre-injury average weekly wage with the actual earnings for the week in question, rather than by a comparison with the post-injury average weekly wage.

Vote: 7-0
Opinion by: Per Curiam

November 2000

November 15

Liposchak, State ex rel. v. Indus. Comm. (11/15/00)

Mandamus: Issues of dependency under R.C. 4123.59 and 4123.60 are not appealable to Court under R.C. 4123.512, but must be challenged by mandamus. Estate of injured worker is entitled to accrued but unpaid benefits.

Vote: 5-2
Opinion by: Justice Pfeifer

November 8

Harris, State ex rel. v. Atlas Crankshaft Corp. (11/8/00)

VSSR: Evidence supported Commission's decision to deny VSSR claim.

Vote: 7-0
Opinion by: Per Curiam

Manpower of Dayton, State ex rel. v. Indus. Comm. (11/8/00)

Continuing Jurisdiction: There was no basis for the Commission to exercise continuing jurisdiction because none of the requirements for exercise of continuing jurisdiction existed.

Vote: 7-0
Opinion by: Per Curiam

Smegal, State ex rel. v. Indus. Comm. (11/8/00)

Wage Loss: Payment of wage loss compensation by self-insurer did not bar Commission from terminating wage loss compensation on any date supported by "some evidence", even if self-insurer had paid wage loss compensation after that date.

Vote: 5-2
Opinion by: Per Curiam

US Airways, Inc., State ex rel. v. Indus. Comm. (11/8/00)

VSSR: Where injured worker's supervisor provided affidavit supporting injured worker's VSSR claim, affidavit was "new and additional evidence" which supported Commission decision to grant rehearing. However, because Commission's order did not understandably explain decision, Commission must issue new order containing adequate explanation.

Vote: 7-0
Opinion by: Per Curiam

October 2000

October 25

Walls, State ex rel. v. Indus. Comm. (10/25/00)

Misc: Challenge to 4123.522 order is properly brought in mandamus, not by 4123.512 appeal. Employer does not have to provide individual notification of its representative in each claim; employer can tell Bureau one time who its representative is. Where employer has done so, and employer's representative did not receive order, employer was entitled to 4123.522 relief.

Vote: 7-0
Opinion by: Per Curiam

September 2000

September 20

Carlile, State, ex rel. v. Ohio Bur. of Workers' Comp. (9/20/00)

Settlement: Bureau of Workers' Compensation has authority to deny approval of a settlement which has been agreed to by the employer and the injured worker in a state fund claim .

Vote: 7-0
Opinion by: Per Curiam

September 13

Sysco Food Serv. of Cleveland, Inc., State, ex rel. v. Indus. Comm. (9/13/00)

Employer: Even after the 1993 amendments, a self-insured employer is entitled to reimbursement from the surplus fund where an injured worker received temporary total compensation, in a claim which was ultimately disallowed.

Vote: 6-1
Opinion by: Per Curiam

August 2000

August 30

Athey, State ex rel. v. Indus. Comm. (8/30/00)

Impairment of Earning Capacity: Injured worker had to make election between impairment of earning capacity award and permanent partial award. Commission could find that by requesting permanent partial award, and cashing check, injured worker had elected permanent partial award.

Vote: 6-0, 1 concur in judgment
Opinion by: Per Curiam

August 9

Baker, State ex rel. v. Indus. Comm. (8/9/00)

Temporary Total: Injured worker who left job of injury to work at a different job retained eligibility for future temporary total.

Vote: 7-0
Opinion by: Justice Douglas

McClain, State ex rel. v. Indus. Comm. (8/9/00)

Temporary Total: Evidence supported Commission determination that injured worker was not entitled to temporary total compensation.

Vote: 7-0
Opinion by: Per Curiam

McDulin, State ex rel. v. Indus. Comm. (8/9/00)

AWW: Average weekly wage calculation is based on wages and earnings, not income. Therefore, Commission was not required to include amounts reimbursed by employer for lodging, meals, tool and trucking expenses where evidence did not indicate that these amounts were part of the wage package provided to the injured worker by the employer.

Vote: 6-1
Opinion by: Per Curiam

Sears Logistics Services, Inc., State ex rel. v. Cope (8/9/00)

Temporary Total: Medical report which considers only one of two allowed conditions must be considered in determining whether or not injured worker has reached maximum medical improvement where second condition is no longer disabling (as reported by doctor supporting continued temporary total).

Vote: 6-1
Opinion by: Per Curiam

August 2

Turner, State, ex rel. v. Indus. Comm. (8/2/00)

Injury: Commission speaks only through its orders and there is no implicit recognition of state insurance fund claims.

Vote: 7-0
Opinion by: Per Curiam

July 2000

<< No decisions indexed >>

June 2000

June 21

Frazier, State ex rel. v. Conrad (6/21/00)

Permanent Total: Where injured worker was awarded permanent total compensation based on inability to perform physically demanding duties, and subsequently became capable of performing physically demanding duties, evidence supported Commission decision to terminate permanent total.

Vote: 5-2
Opinion by: Per Curiam

May 2000

May 31

Piotrowski, State, ex rel. v. Indus. Comm. (5/31/00)

Misc: Injured worker who failed to file appeals from previous decisions against her (on denial of request to change election for impairment of earnings capacity benefits) could not use mandamus to challenge a third denial, because of failure to exhaust administrative remedies.

Vote: 7-0
Opinion by: Per Curiam

May 24

Complete Auto Transit, Inc., State ex rel. v. Ohio Bur. of Workers’ Comp. (5/24/00)

Employer: Self-insurer sought reimbursement from surplus fund of temporary total it voluntarily paid when the injured worker was not temporary total. Court denies reimbursement because reimbursement from surplus fund in effect at the time the temporary total was paid in the mid-to-late 1980s was only available for payments pursuant to an administrative order. Because the self-insurer voluntarily paid, it was not paying pursuant to an administrative order, and was not entitled to reimbursement from the surplus fund.

Vote: 4-3
Opinion by: Justice Resnick

May 17

Conrad, State ex rel. v. Indus. Comm. (5/17/00)

Medical: Injured worker sought payment for surgery in her claim. Court held that Commission could not rely on doctor's report which pre-dated need for surgery to deny surgery because claim worsened after that doctor's report. Court found that the evidence required the Commission to pay for the surgery.

Vote: 7-0
Opinion by: Per Curiam

Donnelly v. Herron (5/17/00)

Misc: R.C. 4123.741 provides an employee with immunity from a co-employees lawsuit when the lawsuit is based on action which occurred "in the course of and arising out of" the employment (applying those terms as they apply for workers' compensation purposes).

Vote: 7-0
Opinion by: Justice Resnick

Jones, State ex rel. v. Indus. Comm. (5/17/00)

Temporary Total: Commission denied temporary total based on a previous DHO finding that the injured worker had voluntarily abandoned his employment. Court found that SHO order on appeal had determined that the injured worker had not voluntarily abandoned his employment, even though the injured worker had withdrawn his appeal because he received unemployment compensation.

Vote: 5-2
Opinion by: Per Curiam

Rothkegel, State ex rel. v. City of Westlake (5/17/00)

Permanent Total: Injured worker challenged permanent total denial order. Court held that (1) order's listing of evidence relied on (rather than all evidence considered) was valid, and (2) although Commission had a responsibility to consider effect of age, failure to do so where all other vocational factors were positive did not invalidate order.

Vote: 5-2
Opinion by: Per Curiam

Thorn, State ex rel. v. Indus. Comm. (5/17/00)

Temporary Total: Commission denied temporary total. In doing so, it relied on fact that the only evidence of temporary total were two C-84 forms. This finding improperly ignored evidence because there was a narrative report in the file. Had Commission considered the narrative report, it might have reached a different result. Failure to consider important, probative evidence requires remand to Commission for further consideration.

Vote: 7-0
Opinion by: Per Curiam

Tisdale, State ex rel. v. Cherry Hill Management, Inc. (5/17/00)

Continuing Jurisdiction: Injured worker sought relief pursuant to R.C. 4123.522 because, although he received order, he did not understand contents. Court holds R.C. 4123.522 only applies where the order is not received. Because the injured worker received the order, 4123.522 does not apply.

Vote: 7-0
Opinion by: Per Curiam

May 1

Gregg, State ex rel. v. Indus. Comm. (5/1/00)

Medical: Court holds that medical evidence relied on supports Commission decision to deny temporary total.

Vote: 7-0
Opinion by: Per Curiam

April 2000

April 5

Cash, State ex rel. v. Indus. Comm. (4/5/00)

Wage Loss: Court holds that self-employed claimant who had not conducted job search was properly denied wage loss.

Vote: 7-0
Opinion by: Per Curiam

Diaz, State ex rel. v. Indus. Comm. (4/5/00)

Misc: Court holds that failure to exhaust administrative remedies before first mandamus challenge bars subsequent challenge.

Vote: 4-3
Opinion by: Per Curiam

Garon, State ex rel. v. University Hosp. (4/5/00)

Impairment of Earning Capacity: Court holds that injured worker failed to establish right to impairment of earnings capacity compensation because injured worker did not show required desire to work during the period for which the compensation was sought.

Vote: 7-0
Opinion by: Per Curiam

Haddox , State ex rel. v. Indus. Comm. (4/5/00)

Wage Loss: Court holds that wage loss is a weekly calculation, and determination of the amount paid should be made on a week-by-week basis.

Vote: 7-0
Opinion by: Per Curiam

LTV Steel, State ex rel. v. Indus. Comm. (4/5/00)

Continuing Jurisdiction: Employer sought relief pursuant to R.C. 4123.522. Court held that employer was not entitled to such relief because of evidence that employer had actual knowledge of order.

Vote: 7-0
Opinion by: Per Curiam

March 2000

March 15

Gibson v. Meadow Gold Dairy (3/15/00)

Settlement: Under R.C. 4123.65, settlement of a workers' compensation claim by an injured worker and self-insurer must be in writing, and is not effective for 30 days. Court holds that this requirement applies to Court settlements as well as administrative settlements.

Vote: 4-3
Opinion by: Justice Cook

Quality Tower Service, Inc., State ex rel. v. Indus. Comm. (3/15/00)

VSSR: VSSR denied because employer complied with safety code and employee unilaterally violated the safety code.

Vote: 4-3
Opinion by: Per Curiam

February 2000

February 23

Booher, State ex rel. v. Honda of Am. Mfg., Inc. (2/23/00)

Misc: Failure to file timely objections to Magistrate's decision prevents challenging Magistrate's findings on appeal.

Vote: 7-0
Opinion by: Per Curiam

Cobb, State ex rel. v. Indus. Comm. (2/23/00)

Temporary Total: Temporary total denied where injured worker was fired for violating employer's drug policy. Court holds that discharge constituted voluntary abandonment of employment.

Vote: 7-0
Opinion by: Per Curiam

Matheney, State ex rel. v. Cent. Ohio Coal Co. (2/23/00)

Impairment of Earning Capacity: Court holds that injured worker failed to establish right to impairment of earning capacity compensation because injured worker did not show required desire to work during the period for which the compensation was sought.

Vote: 7-0
Opinion by: Per Curiam

February 16

Pepsi-Cola Gen. Bottlers, Inc. State ex rel. v. Indus. Comm. (2/16/00)

Temporary Total: 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

February 9

Rizer, State ex rel. v. Indus. Comm. (2/9/00)

Wage Loss: 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

January 2000

January 26

Baker, State ex rel. v. Indus. Comm. (1/26/00)

Temporary Total: Injured worker who left job of injury voluntary abandoned employment and was not eligible for future temporary total. Note: The Supreme Court granted reconsideration and reversed this decision.

Vote: 7-0
Opinion by: Per Curiam

Hoskins, State ex rel. v. Indus. Comm. (1/26/00)

Permanent Partial/Permanent Total: Court holds that injured worker cannot receive permanent partial and permanent total for the same time periods.

Vote: 5-2
Opinion by: Per Curiam

January 19

Crosset Co., State ex rel. v. Conrad (1/19/00)

Employer: Court holds that a company which buys the assets of a foreclosed company from an intermediary bank is not responsible for the foreclosed company's workers' compensation claim costs incurred under a "retrospective-rating" plan.

Vote: 5-2
Opinion by: Justice Douglas