Temporary Total Cases: Maximum Medical Improvement (Court of Appeals)

Ohio Workers’ Compensation Decisions
(Court of Appeals)

Temporary Total: Maximum Medical Improvement

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.

Brown, State ex rel. v. Plastics Products Div. (9/9/08)

Because non-allowed condition cannot be used to deny temporary total when the allowed condition renders the injured worker temporarily and totally disabled, and because non-allowed condition prevented treatment only for a short period of time, existence of non-allowed condition does not support finding that injured worker’s condition was at maximum medical improvement until that non-allowed condition was resolved.

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

DaimlerChrysler Corp., State ex rel. v. Indus. Comm. (9/18/07)

Injured worker is entitled to temporary total during period of recovery even if condition will permanently prevent them from returning to their former position of employment.

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

Josephson, State ex rel. v. Indus. Comm. (3/31/03)

Claimant is entitled to reinstatement of temporary total when non-allowed cancer no longer prevented physical therapy and work conditioning and temporary total had previously been terminated based on finding of maximum medical improvement because claimant could no longer undergo physical therapy and work conditioning due to non-allowed cancer. Note: This decision has been reversed by the Ohio Supreme Court.

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