Permanent Total Cases: Termination (Supreme Court)

Ohio Workers’ Compensation Decisions
(Supreme Court)

Permanent Total: Termination

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.

Frazier, State ex rel. v. Conrad (6/21/00)

Where injured worker was awarded permanent total compensation based on inability to perform physically demanding duties, and subsequently became capable of performing physically demanding duties, evidence supported Commission decision to terminate permanent total.

Vote: 5-2
Opinion by: Per Curiam

Jerdo, State ex rel. v. Pride Cast Metals, Inc. (4/3/02)

Commission properly terminated permanent total award where claimant was working as a minister.

Vote: 7-0
Opinion by: Per Curiam

Kirby, State ex rel. v. Indus. Comm. (12/13/02)

Evidence supported Commission finding that worker who had engaged in work activity while receiving permanent total disability was not entitled to permanent total received and had committed fraud.

Vote: 7-0
Opinion by: Per Curiam

Lawson, State ex rel. v. Mondie Forge (12/1/04)

Evidence of claimant’s activities must be viewed in context, permanent total claimants are not required to remain housebound. Evidence of claimant’s activities did not demonstrate ability to perform activities on sustained basis sufficient to find that claimant was not entitled to continued receipt of permanent total.

Vote: 5-2
Opinion by: Per Curiam

Lowe, State ex rel. v. Cincinnati, Inc. (11/12/09)

Evidence of change in injured worker’s condition justified decision to terminate permanent total compensation.

Vote: 7-0
Opinion by: Per Curiam

Lynch, State ex rel. v. Indus. Comm. (12/19/07)

Engaging in sustained labor in return for pay constitutes sustained remunerative employment which justifies termination of temporary total even where the labor activity is illegal.

Vote: 7-0
Opinion by: Per Curiam

McNea, State ex rel. v. Indus. Comm. (3/29/12)

Commission did not abuse discretion in terminating permanent total and declaring an overpayment based on finding that ongoing pattern of illegal activity demonstrated ability to perform sustained remunerative employment.

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

Schultz, State ex rel. v. Indus. Comm. (7/10/02)

Where claimant is actively doing work for which she could be paid, Commission properly terminated permanent total even in the absence of medical evidence indicating that she had ability to work.

Vote: 7-0
Opinion by: Per Curiam

Spohn, State ex rel. v. Indus. Comm. (10/3/07)

Evidence supported Commission’s decision to terminate permanent total compensation based on improvement of injured worker’s condition.

Vote: 4-3
Opinion by: Lanzinger