Amputation, Loss of Use Cases: Miscellaneous (SupremeCourt)

Ohio Workers’ Compensation Decisions
(Supreme Court)

Amputation, Loss of Use: Miscellaneous

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.

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

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

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

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

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

Worker injured before November 16, 1973 can receive both amputation/loss of use award and permanent total award in same claim.

Vote: 7-0
Opinion by: Per Curiam

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

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

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

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