Permanent Total Cases: Statutory Permanent Total (Supreme Court)

Ohio Workers’ Compensation Decisions
(Supreme Court)

Permanent Total: Statutory Permanent Total

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.

Adams, State ex rel. v. Aluchem, Inc. (12/22/04)

Back award of statutory permanent total cannot be made more than 2 years before date of motion requesting payment.

Vote: 4-3
Opinion by: Justice Moyer

Coleman, State ex rel. v. Indus. Comm. (6/11/13)

Term “loss of use” in R.C. 4123.57(B) has different meaning than in R.C. 4123.58(C); therefore, R.C. 4123.57(B) award for loss of use of body parts does not compel award of R.C. 4123.58(C) statutory permanent total.

Vote: 7-0
Opinion by: Per Curiam

Kincaid, State ex rel. v. Allen Refractories Co. (8/8/07)

If Commission has made finding of 100% bilateral loss of sight under R.C. 4123.57(B), an injured worker is entitled to statutory permanent total award where there is no evidence that the injured worker’s vision has improved or been corrected.

Vote: 5-2
Opinion by: Lanzinger

Thomas, State ex rel. v. Indus. Comm. (10/16/02)

Loss of arm entails loss of both hand and arm. Therefore, claimant is entitled to award of statutory permanent total (based on loss of two or more specified body parts, including hands and arms).

Vote: 4-3
Opinion by: Per Curiam