Wage Loss Cases: Miscellaneous (Supreme Court)

Ohio Workers’ Compensation Decisions
(Supreme Court)

Wage Loss: Miscellaneous

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.

Asplundh Tree Expert Co., State ex rel. v. Indus. Comm. (7/7/99)

Receipt of social security disability compensation does not bar wage loss compensation.

Vote: 7-0
Opinion by: Per Curiam

Blabac, State ex rel. v. Indus. Comm. (10/20/99)

Wage loss is appropriate method of compensation for an injured worker who cannot return to former position of employment, and earns less at a different job.

Vote: 6-1
Opinion by: Per Curiam

Carey, State ex rel. v. Am. Seaway Foods, Inc. (11/17/99)

Provision of wage loss rule does not apply to period of wage loss before effective date of wage loss rule.

Vote: 6-1
Opinion by: Per Curiam

Crawford, State ex rel. v. Indus. Comm. (11/10/98)

Rehabilitation wage loss provision does not apply to injured worker who had a date of injury before the statute’s effective date, even though the injured worker underwent rehabilitation after the statute’s effective date.

Vote: 4-3
Opinion by: Per Curiam

DiRosa, State ex rel. v. Indus. Comm. (12/2/98)

Injured worker had held two jobs. The injury prevented his returning to one of those jobs. The Commission denied wage loss compensation because it found that the injured worker had a voluntary restriction of income because the injured worker had not sought additional work to make up for the income lost by the inability to perform the other job. The Court held that the injured worker was entitled to wage loss compensation because the injured worker was working the maximum hours permitted by his doctor.

Vote: 4-3
Opinion by: Per Curiam

Justus, State ex rel. v. Indus. Comm. (10/14/98)

Injured workers who suffer an R.C. 4123.68(W) occupational disease [a police or fire fighter’s respiratory disease claim] are not entitled to wage loss compensation.

Vote: 7-0
Opinion by: Per Curiam

Motakentta, State ex rel. v. Indus. Comm. (4/15/98)

Wage loss compensation in a claim is payable only for a total of 200 weeks.

Vote: 7-0
Opinion by: Per Curiam

Rizer, State ex rel. v. Indus. Comm. (2/9/00)

To be eligible for wage loss compensation, injured worker must show that the industrial condition prevents them from continuing their former employment and prevented them from getting comparably paying work; where the injured worker is engaged in part-time work, they must also show that wage loss is caused by allowed condition, not lack of desire to work full time.

Vote: 6-1
Opinion by: Per Curiam

Smegal, State ex rel. v. Indus. Comm. (11/8/00)

Payment of wage loss compensation by self-insurer did not bar Commission from terminating wage loss compensation on any date supported by some evidence, even if self-insurer had paid wage loss compensation after that date.

Vote: 5-2
Opinion by: Per Curiam

Timken Co., State ex rel. v. Kovach (5/16/03)

Commission properly awarded wage loss to employee who accepted lower paying job with previous employer. Job search was not required because of time invested with employer. Claimant was not disqualified because of alleged refusal of higher paying job because (1) job offer was not in writing, as required, and (2) job offer did not comply with claimant’s medical restrictions.

Vote: 6-1
Opinion by: Per Curiam

Williams-Laker, State ex rel. v. Indus. Comm. (1/14/98)

Where injured worker needed medical treatment due to injury, had to miss work to receive such treatment, and could only receive such treatment during work hours, injured worker is entitled to wage loss compensation.

Vote: 3-2, 2 concur in judgement only
Opinion by: Justice Lundberg Stratton