Occupational Disease Cases: Change of Occupation Award (Supreme Court)

Ohio Workers’ Compensation Decisions
(Supreme Court)

Occupational Disease: Change of Occupation Award

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.

Martin, State ex rel. v. Indus. Comm. (7/23/03)

Where claim allowance indicated that respiratory disease was due to exposure to fumes and vapors, claimant was not eligible for change of occupation award which only applies where respiratory disease is due to exposure to dust.

Vote: 4-2
Opinion by: Per Curiam

Middlesworth, State ex rel. v. Regal Ware, Inc. (9/26/01)

Commission properly relied on doctor’s report to deny permanent total where doctor indicated that condition was not currently disabling. Report did not indicate repudiation of allowance. Worker who suffered a dust-induced occupational disease is eligible for change of occupation award.

Vote: 5-2
Opinion by: Justice Lundberg Stratton

Regal Ware, Inc., State ex rel. v. Indus. Comm. (12/22/04)

Different standard applies to first 30 weeks of change of occupation award than later 100 weeks. First 30 weeks do not require job search, but later 100 weeks do.

Vote: 7-0
Opinion by: Per Curiam