Permanent Total Cases: Retirement (Court of Appeals)

Ohio Workers’ Compensation Decisions
(Court of Appeals)

Permanent Total: Retirement

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.

Black, State ex rel. v. Indus. Comm. (6/12/12)

Abandonment of employment is an affirmative defense which must be established by the employer; the injured worker is not required to provide evidence that doctor told him to retire for retirement to be due to injury.

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

Permanent Total: Commission abused discretion when it failed to consider social security disability decision when considering whether injured worker had voluntarily abandoned the job market.

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

Kelsey Hayes Co., State ex rel. v. Grashel (12/1/11)

Injured worker is not required to show that he was temporarily totally disabled at time injury caused him to leave job for departure to be an injury induced decision which does not bar permanent total.

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

Navistar Inc., State ex rel. v. Indus. Comm. (12/12/17)

Where the record does not demonstrate that the employer raised the issue of voluntary abandonment before the Commission, there is no abuse of discretion in the Commission’s failure to consider voluntary abandonment.

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

Washington, State ex rel. v. Indus. Comm. (9/24/15)

Some evidence supported Commission denial of permanent total based on finding that injured worker voluntarily abandoned her employment when she retired.

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