Wage Loss Cases: Part-Time Employment (Supreme Court)

Ohio Workers’ Compensation Decisions
(Supreme Court)

Wage Loss: Part-Time Employment

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.

Bowen, State ex rel. v. Do It Best Corp. (4/14/04)

Even if wage loss claimant voluntarily limited herself to part-time work, O.A.C. 4125-1-01(F)(3)(b) requires Commission to consider wage loss for the number of hours worked. Requirement of 90 day updates of medical reports does not apply to a retroactive claim for wage loss compensation.

Vote: 7-0
Opinion by: Per Curiam

Brinkman, State ex rel. v. Indus. Comm. (11/17/99)

Claimant working part-time entitled to wage loss. Issue for part-time worker is whether or not claimant is making lifestyle choice. Because claimant had a high-paying part-time job, with potential, claimant could not be required to leave that job to seek other work.

Vote: 7-0
Opinion by: Per Curiam

Carnahan, State ex rel. v. Indus. Comm. (7/7/99)

Commission did not abuse discretion in determining that reduced wages due to part-time employment were due to lifestyle choice, and not caused by injury where evidence indicated that injured worker was capable of full time work.

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