Impairment of Earning Capacity Cases: Miscellaneous (Supreme Court)

Ohio Workers’ Compensation Decisions
(Supreme Court)

Impairment of Earning Capacity: 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.

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

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

Belknap, State ex rel. v. Buehler’s Food Markets, Inc. (12/9/98)

Where injured worker can return to the former position of employment, there is no impairment of earning capacity.

Vote: 6-1
Opinion by: Per Curiam

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

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

Jones, [State ex rel.] v. Devery (10/14/98)

Commission properly calculated both pre-injury and post-injury earning capacity and explained how it made those determinations.

Vote: 7-0
Opinion by: Per Curiam

Kirschner, State ex rel. v. Indus. Comm. (6/10/98)

Retirement does not bar impairment of earning capacity benefits because retirees can seek employment.

Vote: 7-0
Opinion by: Per Curiam