Impairment of Earning Capacity Cases: Desire to Earn (Supreme Court)

Ohio Workers’ Compensation Decisions
(Supreme Court)

Impairment of Earning Capacity: Desire to Earn

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.

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

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

Garon, State ex rel. v. University Hosp. (4/5/00)

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

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

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

Vote: 7-0
Opinion by: Per Curiam

Matheney, State ex rel. v. Cent. Ohio Coal Co. (2/23/00)

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

Shotts, State ex rel. v. Austin Powder Co. (2/10/99)

Commission properly denied impairment of earnings capacity benefits: there was evidence supported commission finding that there was no causal relationship between injury and impairment of earning capacity, and evidence supported finding that injured worker did not have desire to earn required for the impairment of earning capacity award.

Vote: 7-0
Opinion by: Per Curiam