Death Cases: Dependent’s Estate (Supreme Court)

Ohio Workers’ Compensation Decisions
(Supreme Court)

Death: Dependent’s Estate

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

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

Nossal, State ex rel. v. Terex Div. of I.B.H. (7/28/99)

Where dependent benefits are awarded pursuant to R.C. 4123.59, but the dependent dies before those benefits are awarded, the dependent’s estate is entitled to receive the accrued benefits for the period between the death of the injured worker and the death of the dependent.

Vote: 7-0
Opinion by: Per Curiam