Permanent Total Cases: Miscellaneous (Court of Appeals)

Ohio Workers’ Compensation Decisions
(Court of Appeals)

Permanent Total: 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.

Arrow Internatl Inc., State ex rel. v. Indus. Comm. (9/17/09)

Payment of DWRF (disabled worker relief fund) benefits is mandatory when injured worker meets DWRF threshold amount regardless of reason threshold amount is met.

Vote: 3-0
Opinion by: Judge McGrath
Appellate District: 10

Bentley, State ex rel. v. Indus. Comm. (12/20/05)

Commission improperly vacated permanent total award based on fact that claimant had worked as school bus driver for one hour during the day, because such work was not sustained remunerative employment and was not medically inconsistent with claimant’s restrictions.

Vote: 3-0
Opinion by: Judge Brown
Appellate District: 10

Burns, State ex rel. v. Indus. Comm. (6/4/02)

Where there is no evidence to support hearing officer’s finding that claimant lacked learning disability, and where hearing officer ignored evidence about claimant’s learning disability, order denying permanent total was invalid.

Vote: 2-1
Opinion by: Judge Tyack
Appellate District: 10

Cafaro Mgt. Co., State ex rel. v. Indus. Comm. (11/19/13)

Commission explanation that 2008 injury was cause of injured worker’s leaving work force (since he had returned to work following previous injury) was sufficient justification to support Commission’s allocation of 25% of permanent total award to 2008 claim.

Vote: 3-0
Opinion by: Judge Connor
Appellate District: 10

Conn, State ex rel. v. Indus. Comm. (11/9/04)

Reliance on vocational report which indicated possible employment options based on fifth grade education renders Commission order invalid when Commission finds actual education level is second grade. Vocational report is inconsistent with Commission’s determination and is therefore too flawed to support order.

Vote: 3-0
Opinion by: Judge Deshler
Appellate District: 10

Distrib. Fulfillment Servs., Inc., State ex rel. v. Indus. Comm. (5/1/08)

Previous decision that injured worker was not entitled to permanent total compensation because disability factors indicated she would be capable of sustained remunerative employment within her physical capabilities does not bar future finding that injured worker is entitled to permanent total compensation when her medical condition deteriorates and renders her physically incapable of sustained remunerative employment.

Vote: 3-0
Opinion by: Judge Tyack
Appellate District: 10

Ferrell, State ex rel. v. Indus. Comm. (6/21/05)

Existence of some allowed conditions which are temporary (in the sense that they are expected to improve) does not justify decision to deny permanent total compensation if other allowed conditions result in permanent total disability.

Vote: 3-0
Opinion by: Judge Bryant
Appellate District: 10

Hunt, State ex rel. v. Roadway Express, Inc. (11/8/12)

Order finding temporary total barred due to abandonment does not mean that abandonment bars permanent total because a different standard applies. Only total abandonment of the workforce bars permanent total.

Vote: 3-0
Opinion by: Judge Tyack
Appellate District: 10

Lacroix, State ex rel. v. Indus. Comm. (11/5/13)

Possible error in vocational report relied on by Commission does not invalidate order because medical evidence on and remainder of vocational report support Commission’s decision.

Vote: 3-0
Opinion by: Judge O’Grady
Appellate District: 10

Lynch, State ex rel. v. Indus. Comm. (1/25/07)

Injured worker who engaged in a continuing criminal enterprise is engaged in sustained remunerative employment and therefore is not entitled to permanent total compensation.

Vote: 3-0
Opinion by: Judge Travis
Appellate District: 10

Marlow, State ex rel. v. Indus. Comm. (3/29/07)

Date permanent total compensation starts must be supported by some evidence upon which the Commission relied to make the permanent total award.

Vote: 3-0
Opinion by: Judge French
Appellate District: 10

Martin, State ex rel. v. Springfield Twp. (3/25/14)

Commission can not deny permanent total claim based on allowed psychiatric conditions solely because injured worker’s allowed physical conditions have not yet reached maximum medical improvement.

Vote: 3-0
Opinion by: Judge Klatt

Appellate District:
10

Measles v. Indus. Comm. (8/16/12)

Injured workers who agreed to reduced benefits in return for lump sum payments are not entitled to benefit of new policy which returns benefits to full amount once lump sum is repaid because they agreed to reduced payments for the life of the claim.

Vote: 3-0
Opinion by: Judge Tyack
Appellate District: 10

Nationwide Children’s Hosp., State ex rel. v. Indus. Comm. (5/8/18)

Commission did not abuse discretion granting permanent total; given injured worker’s age and psychological challenges Commission properly determined that she could not be expected to develop new transferable skills

Vote: 3-0
Opinion by: Tyack
Appellate District:
 10

Penske Truck Leasing Co., L.P., State ex rel. v. Indus. Comm. (3/28/17)

Commission allocation of portion of permanent total award to 2001 claim was improper when medical evidence relied on did not indicate that the 2001 claim contributed to the permanent total disability suffered by the injured worker.

Vote: 3-0
Opinion by: Judge Brown
Appellate District:
10

Pritt, State ex rel. v. Indus. Comm.  (3/23/18)

 Although order contained erroneous reason for denying permanent total, valid alternate reason for decision was severable and supported Commission’s decision.

Vote: 2-1
Opinion by: Sadler
Appellate District: 10

S E Johnson Cos., State ex rel. v. Indus. Comm. (3/31/05)

Where there was no evidence that an injury contributed to the impairment of the injured worker’s earning capacity, there was no basis for the Commission to apportion any of a permanent total award to that injury.

Vote: 3-0
Opinion by: Judge Klatt
Appellate District: 10

Solley, State ex rel. v. Indus. Comm. (1/23/07)

Even though Industrial Commission examining doctor relied on by the Commission to deny permanent total did not consider all the allowed conditions, claimant could not object to Commission’s reliance on that doctor’s report because claimant did not request pre-hearing conference to raise issue of doctor’s failure to consider all allowed conditions before the Commission.

Vote: 3-0
Opinion by: Judge Petree
Appellate District: 10

Stettler, State ex rel. v. Mid Atlantic Canners Assn, Inc. (10/25/05)

Evidence of occasional activities performed for used car dealer who was a long-time personal friend did not demonstrate that injured worker was engaged in sustained remunerative activity and did not justify termination of permanent total or finding of fraud.

Vote: 3-0
Opinion by: Judge Bryant
Appellate District: 10

Walker, State ex rel. v. Songer Constr. Corp. (12/18/07)

In making decision on permanent total application, neither the Commission nor any examining physicians are required to accept the percentage of impairment previously found when making a permanent partial disability award because of the different determinations involved in making the different awards.

Vote: 3-0
Opinion by: Judge McGrath
Appellate District: 10

Wheeler, State ex rel. v. Indus. Comm. (2/24/04)

Commission order denying permanent total properly considered combined effect of physical and psychiatric conditions on injured worker’s ability to work.

Vote: 3-0
Opinion by: Judge Sadler
Appellate District: 10