Permanent Total Cases: Disability Factors (Supreme Court)

Ohio Workers’ Compensation Decisions
(Supreme Court)

Permanent Total: Disability Factors

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

Rothkegel, State ex rel. v. City of Westlake (5/17/00)

Injured worker challenged permanent total denial order. Court held that (1) order’s listing of evidence relied on (rather than all evidence considered) was valid, and (2) although Commission had a responsibility to consider effect of age, failure to do so where all other vocational factors were positive did not invalidate order.

Vote: 5-2
Opinion by: Per Curiam