Permanent Partial Cases: Miscellaneous (Supreme Court)

Ohio Workers’ Compensation Decisions
(Supreme Court)

Permanent Partial: 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.

Advantage Tank Lines, State ex rel. v. Indus. Comm. (11/16/05)

Because of the different nature of temporary total and permanent partial awards, claimant may receive overlapping temporary total and permanent partial awards.

Vote: 6-0, 1 concurs separately
Opinion by: Per Curiam

Dazier, State ex rel. v. Indus. Comm. (9/26/01)

Where doctor’s report attributed permanent partial percentage to allowed and non-allowed conditions, but did not indicate amount attributed only to allowed condition, report did not support a permanent partial award.

Vote: 4-3
Opinion by: Per Curiam

Dingess, State ex rel. v. Indus. Comm. (5/20/98)

Injured worker was not entitled to permanent partial compensation for partial loss of hearing. Statute provides permanent partial compensation only for total loss of hearing.

Vote: 7-0
Opinion by: Per Curiam

Dobbins, State ex rel. v. Indus. Comm. (5/24/06)

Commission is not required to explain why medical evidence it chose to rely on is more persuasive than other medical evidence.

Vote: 7-0
Opinion by: Per Curiam

Hoskins, State ex rel. v. Indus. Comm. (1/26/00)

Injured worker cannot receive permanent partial and permanent total for the same time periods.

Vote: 5-2
Opinion by: Per Curiam

Ohio Presbyterian Retirement Servs., Inc., State ex rel. v. Indus. Comm. (9/14/17)

Permanent Partial: Injured worker who has been awarded permanent total cannot receive a permanent partial award in the same claim.

Vote: 6-1
Opinion by: Kennedy

Ohio Presbyterian Retirement Servs., Inc., State ex rel. v. Indus. Comm. (12/8/16)

Commission cannot award permanent partial compensation in a claim where an injured worker has already been awarded permanent total compensation, even if the permanent partial award is based on a condition which did not factor into the decision to award permanent total.

Vote: 5-2
Opinion by: Per Curiam

Romero,
State ex rel. v. River City Drywall Supply, Inc.
(4/2/15)

Commission acted within its discretion by awarding an impairment percentage between the two percentages found by the doctors whose reports it relied on.

Vote: 7-0
Opinion by: Per Curiam

Ross, State ex rel. v. Indus. Comm. (4/16/08)

When injured worker’s condition had apparently resolved after injury, and injured worker was not receiving treatment due to injury, medical report which merely indicated percentage of permanent partial impairment without explanation of any change in condition was not new and changed circumstances to support a new permanent partial award.

Vote: 7-0
Opinion by: Per Curiam

Van Gundy, State ex rel. v. Indus. Comm. (11/29/06)

All permanent partial awards are combined in determining whether the 100% limit for permanent partial awards has been reached, including awards which had been made in claims which have expired.

Vote: 7-0
Opinion by: Per Curiam