Ohio Workers' Compensation Decisions

Current Supreme Court

Current through: October 4, 2016

Select the case name to read the case on the Ohio Supreme Court's web site. For older Ohio Supreme Court workers' compensation decisions see our Supreme Court archive page or see our case index for decisions organized by topic.

September 2016

<< No Decisions Indexed >>

August 2016

<< No Decisions Indexed >>

July 2016

July 26, 2016

Perez, State ex rel. v. Indus. Comm. (7/26/16)

Fraud: Based on the Commission's determination that injured worker had been engaged in work activities at garage he owned while receiving temporary total from 2007-2011, C-84 forms signed by claimant indicating he had not engaged in work since 2003, and claimant's misrepresentations to doctors about the extent of his activities at the garage, the evidence supported Commission finding of fraud.

Vote: 6-1
Opinion by: Per Curiam

July 21, 2016

Onderko v. Sierra Lobo, Inc. (7/21/16)

Retaliatory Discharge: Worker does not have to establish that they suffered a workplace injury to establish a prima facie case of R.C. 4123.90 retaliatory discharge; nor does failure to establish the right to participate for a workers' compensation claim prevent a worker from pursuing an R.C. 4123.90 retaliatory discharge claim.

Vote: 6-1
Opinion by: O'Neill

July 20, 2016

Aaron's, Inc., State ex rel. v. Ohio Bur. of Workers' Comp. (7/20/16)

Employer: BWC had authority to retroactively adjust the premiums it charged an employer to correct the employer's improper classification of its employees, even without evidence of intentional wrongdoing.

Vote: 4-3
Opinion by: Per Curiam

June 2016

<< No Decisions Indexed >>

May 2016

<< No Decisions Indexed >>

April 2016

April 19, 2016

Stolz v. J & B Steel Erectors, Inc. (4/19/16)

Employment: Subcontractor enrolled in self-insured construction project plan has immunity from tort suit filed by employee of another enrolled subcontractor working on the same project as long as the employee has a compensable Ohio workers' compensation claim.

Vote: 5-2
Opinion by: O'Connor

April 13, 2016

Boyd, State ex rel. v. Scotts Miracle-Gro Co. (4/13/16)

Permanent Total: Commission did not abuse its discretion in denying permanent total to worker suffering from asbestosis based on medical report from doctor who was not a certified “B reader” because resolution R03-1-02, which requires evidence from a certified “B reader”, only applies to the initial allowance of an asbestosis claim.

Vote: 5-1, 1 concurs in judgment only
Opinion by: Per Curiam

March 2016

<< No Decisions Indexed >>

February 2016

February 2, 2016

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

Permanent Total: 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

January 2016

<< No Decisions Indexed >>