Current through: May 16, 2012
Ohio Supreme Court Decisions
This page lists the current
year's Ohio Supreme Court workers' compensation
decisions.
Decisions which adopt the decision of a lower court or Magistrate, or
which decide a case based on a previous decision, are excluded.
Click on the case name to see the full text of a case on the
Ohio
Supreme Court's web site.
You can also see our
index of
cases organized by topic from January 1, 1998 to present or
our
archive of
Ohio Supreme Court workers' compensation decision summaries from
previous years.
May 2012
May 16, 2012
VSSR:
Employer cannot claim employee's unilateral negligence bars VSSR
award when the employer failed to comply with safety requirement.
Vote: 7-0
Opinion by: Per Curiam
April 2012
April 12, 2012
VSSR: Court cannot uphold order containing major mistakes in fact and law.
Vote: 7-0
Opinion by: Per Curiam
March 2012
March 29, 2012
Permanent Total:
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
March 22, 2012
AWW:
Commission should exclude weeks of unemployment beyond injured worker's
control from average weekly wage calculation rather than adding amounts
of unemployment compensation benefits received to wages.
Vote: 7-0
Opinion by: Per Curiam
March 14, 2012
Mandamus:
Injured worker could not pursue mandamus challenge because failure to
appeal SHO orders to Industrial Commission meant she had not exhausted
her administrative remedies.
Vote: 7-0
Opinion by: Per Curiam
March 8, 2012
Trial Practice: Failure to name or serve Administrator of the BWC as party on R.C. 4123.512 appeal does not deprive court of jurisdiction.
Vote: 6-1
Opinion by: Lanzinger
February 2012
February 15, 2012
Temporary Total:
Worker who had abandoned employment and lost eligibility for temporary
total did not regain eligibility solely because his condition
worsened.
Vote: 7-0
Opinion by: Lundberg Stratton
January 2012
January 10, 2012
Temporary Total:
Worker who quit his job abandoned his employment and was barred
from temporary total. There was no evidence that he had taken
another job, which would have reinstated his eligibility for temporary total.
Vote: 7-0
Opinion by: Per Curiam
Injured at Work?
Stewart Jaffy &
Associates can help you receive the workers’ compensation
benefits you
are entitled to. We are based in Columbus and represent
injured
workers throughout Ohio before the BWC, Industrial Commission
and
in court.
We also represent people who have social security
disability claims or who have a disability claim before another state
administrative agency (PERS, STRS, SERS or police and fire fighters
disability).
Initial consultations with potential clients are
free. If you are interested in talking with us about a
potential
case, call us at (614) 228-6148.
Stewart Jaffy &
Associates Co.,
LPA | Attorneys at Law
306 E. Gay St. | Columbus, OH 43215
Telephone: (614) 228-6148 | Fax: (614) 228-6140
http://www.jaffylaw.com
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