Permanent Total Cases: Retirement (Supreme Court)

Ohio Workers’ Compensation Decisions
(Supreme Court)

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. (10/17/13)

Record contained evidence to support Commission’s determination that injured worker had voluntarily retired and therefore was not entitled to permanent total compensation because he had abandoned the job market.

Vote: 7-0
Opinion by: Per Curiam

Cinergy Corp./Duke Energy v. Heber, State ex rel. (10/4/11)

Injured worker is not required to provide medical evidence prepared at the time of retirement to establish voluntary nature of retirement because Commission is entitled to draw inferences from any evidence submitted to determine about whether or not a retirement was voluntary.

Vote: 7-0
Opinion by: Per Curiam

E.I. DuPont DeNemours & Co., State ex rel. v. Indus. Comm. (10/23/07)

Worker who suffered from occupational disease with long latency period is not disqualified from receipt of permanent total by retirement.

Vote: 7-0
Opinion by: Per Curiam

Kelsey Hayes Co., State ex rel. v. Grashel (11/14/13)

When evidence indicated that injured worker was not disabled by allowed condition at time of retirement, and injured worker made no subsequent attempt to return to the job market, injured worker voluntarily abandoned the job market and lost eligibility for permanent total compensation.

Vote: 4-3
Opinion by: Per Curiam

LTV Steel Co., State ex rel. v. Indus. Comm. (3/24/99)

Where injured worker retired two years before becoming permanent total, Commission must consider whether retirement was voluntary, so as to bar permanent total.

Vote: 6-0, 1 concur judgment only
Opinion by: Justice Pfeifer

McKee, State ex rel. v. Union Metal Corp. (6/29/17)

Evidence, which included prior Commission findings that injured worker had abandoned his employment, retained ability to work, and had not pursued employment or retaining, supported Commission decision that worker was ineligible for permanent total due to voluntarily abandonment.

Vote: 7-0
Opinion
by:
Per curiam

Reliance Elec. Co., State ex rel. v. Wright (6/27/01)

Commission properly awarded permanent total to individual who had retired where he was diagnosed with pneumoconiosis years after he had retired.

Vote: 4-3
Opinion by: Justice Resnick