Amputation, Loss of Use Cases: Loss of Use (Supreme Court)

Ohio Workers’ Compensation Decisions
(Supreme Court)

Amputation, Loss of Use: Loss of Use

Select the case name to read the decision on the Ohio Supreme Court’s web site. For other issues, see our topic index to Ohio workers’ compensation decisions.

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

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

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

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

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

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

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

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

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

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

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

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

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

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