Permanent Total Cases: Compensation Awarded (Supreme Court)

Ohio Workers’ Compensation Decisions
(Supreme Court)

Permanent Total: Compensation Awarded

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.

Hartness, State ex rel. v. Kroger Co. (4/22/98)

Commission cannot deny permanent total based on impairment and youth where injured worker lacks intellectual capability to be retrained. Where an injured worker had only worked at heavy labor, as a result of injury could only perform sedentary work, and is functionally illiterate, permanent total must be awarded.

Vote: 5-2
Opinion by: Per Curiam

Kinnebreu, State ex rel. v. Clinic Center Hotel (1/14/98)

Permanent total awarded where Commission relied on vocational report to deny permanent total, but vocational report supported finding of permanent total.

Vote: 4-3
Opinion by: Justice Pfeifer

Nickell, State ex rel. v. Indus. Comm. (9/23/98)

Injured worker who was 56 years old, has eighth grade education, unskilled work history (as a cashier and factory worker), and was described as a poor candidate for rehabilitation by the doctor relied on by the Commission is entitled to permanent total compensation. Court explains that there is no point in sending the case back to the Commission for further consideration because the Commission “cannot identify something that does not exist” (in other words, the Commission could not find this injured worker to have skills for sustained remunerative employment).

Vote: 5-2
Opinion by: Per Curiam