Permanent Total Cases: Miscellaneous (Supreme Court)

Ohio Workers’ Compensation Decisions
(Supreme Court)

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.

AT&T, Inc., State ex rel. v. McGraw (10/15/08)

An injured worker who was receiving permanent total was not ineligible for permanent total based on activities in shop owned by wife when those activities were not remunerated or inconsistent with the injured worker’s physical limitations; additionally, even if the activities were considered to be employment, they would not bar permanent total because there was no evidence that the injured worker was capable of performing them on a sustained basis.

Vote: 7-0
Opinion by: Per Curiam

Baker, State ex rel. v. Indus. Comm. (12/4/02)

Commission properly determined permanent total start date.

Vote: 7-0
Opinion by: Per Curiam

Bonnlander, State ex rel. v. Harmon (5/30/17)

Whether injured worker can perform sustained remunerative employment is determined on a case by case basis, and there is no set hourly amount an injured worker must be capable of working to determine that they are capable of sustained remunerative employment.

Vote: 7-0
Opinion by: Per curiam

Cliff, State ex rel. v. Auburndale Co. (12/6/06)

Commission must resolve conflict between order granting permanent total which indicated that claimant had involuntarily left workforce and order denying temporary total which indicated that claimant had voluntarily left workforce.

Vote: 7-0
Opinion by: Per Curiam

Erieview Metal Treating Co., State ex rel. v. Indus. Comm. (5/10/06)

Last injurious exposure rule does not apply to allocation of permanent total disability; where evidence attributes disability to first claim, Commission properly allocated award of permanent total to that claim.

Vote: 5-2
Opinion by: Per Curiam

Gobich, State ex rel. v. Indus. Comm. (11/24/04)

Permanent total compensation is awarded when an individual cannot perform sustained remunerative employment; isolated and brief work activities do not establish ability to perform sustained remunerative employment.

Vote: 6-1
Opinion by: Per Curiam

Gonzales, State ex rel. v. Morgan (12/1/11)

Commission did not abuse discretion by denying permanent total based on failure of injured worker to participate in vocational rehabilitation where he was medically capable of sustained remunerative employment and had not attempted rehabilitation but been prevented from completing rehabilitation due to circumstances beyond his control.

Vote: 7-0
Opinion by: Per Curiam

Gulley, State ex rel. v. Indus. Comm. (12/21/17)

Commission is required to consider all vocational evidence even though it is not required to accept the evidence, and therefore Commission abused its discretion when it failed to consider valid vocational evidence in the record.

Vote: 5-2
Opinion by: Per Curiam

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

Court holds that injured worker cannot receive permanent partial and permanent total for the same time periods.

Vote: 5-2
Opinion by: Per Curiam

Kroger Co., State ex rel. v. Paysen (7/5/06)

Injured worker whose treating doctor says is incapable of sustained remunerative employment is not barred from receipt of permanent total by failing to accept job offered by employer.

Vote: 7-0
Opinion by: Per Curiam

Lacroix, State ex rel. v. Indus. Comm. (6/16/15)

Because Industrial Commission is vocational expert, it has discretion to accept vocational report, even if it contained some flaws.

Vote: 5-2
Opinion by: Per Curiam

LTV Steel Co., State ex rel. v. Indus. Comm. (3/27/02)

Permanent total cannot be denied because claimant refused a bona fide job offer where job offer was not within claimant’s restrictions as found by attending physician.

Vote: 4-3
Opinion by: Justice Pfeifer

McDaniel, State ex rel. v. Indus. Comm. (5/15/08)

Commission did not abuse its discretion in determining that individual who was paid for activities done to promote business was engaged in sustained remunerative employment.

Vote: 7-0
Opinion by: Per Curiam

Nissin Brake Ohio, Inc., State ex rel. v. Indus. Comm. (12/20/10)

Commission can interpret medical evidence to find injured worker is physically incapable of working even if the medical evidence does not explicitly state that the injured worker is medically incapable of work.

Vote: 7-0
Opinion by: Per Curiam

Old Dominion Freight Line, Inc., State ex rel. v. Indus. Comm. (2/2/16)

Although Commission should have sent employer’s medical reports to doctors examining for the Commission before the examination, it cured the error when it sent the employer’s reports to the doctor after the examination and requested an addendum based on those reports.

Vote: 4-2, 1 not participating
Opinion by: Per Curiam

Penske Truck Leasing Co., L.P., State ex rel. v. Indus. Comm. (6/6/18)

Allocation must be consistent with evidence relied on.

Vote: 6-0, 1 concurs in judgment only
Opinion by: Per Curiam

Price, State ex rel. v. Cent. Serv., Inc. (12/4/02)

Special circumstances of case involving worker with 1969 injury who worked until 1997 justified applying permanent total maximum rate in effect in 1997 to determine permanent total award, rather than permanent total maximum rate in effect in 1969.

Vote: 4-3
Opinion by: Justice Resnick

Rohr, State ex rel. v. Indus. Comm.(8/18/10)

Evidence of possible new and changed circumstances supported Commission’s order that employer was entitled to new medical exam of injured worker who had been previously awarded permanent total compensation to determine whether injured worker’s condition had changed sufficiently that he was no longer permanently and totally disabled.

Vote: 7-0
Opinion by: Per Curiam

Tapp, State ex rel. v. Parsec Inc. (7/29/98)

Interlocutory award of permanent total did not require Commission to find injured worker permanent total.

Vote: 7-0
Opinion by: Justice Douglas

Turner Constr. Co., State ex rel. v. Indus. Comm. (4/2/15)

Evidence indicating injured worker was permanent total based on psychiatric condition allowed in 2007 claim supported Commission decision to allocate entire permanent total award to that claim.

Vote: 5-2
Opinion by: Per Curiam