Updated: April 17, 2012
Commission Adopts Agreement to Permanent Partial Form
The Industrial Commission has adopted an “agreement as to compensation for permanent partial disability”, form IC-GC-1. Parties can use this form to agree to the amount of a permanent partial award. When signing the form the parties agree to the amount of permanent partial. The form also states that the parties waive their right to notice of hearing and their right to appeal the award.Seasonal Unemployment May Be Excluded From AWW
The Ohio Supreme Court decided that an injured worker who worked at a job involving seasonal unemployment can have those weeks of unemployment excluded from the average weekly wage calculation, as long as the period of unemployment was not due to a lifestyle choice. Read more >>Failure to Name Administrator Does Not Deprive Court of Jurisdiction Over Appeal
The Ohio Supreme Court has held that a party can pursue an R.C. 4123.512 appeal to court even if they did not name the Administrator of the BWC as a party to the appeal. Read more >>Recent Ohio Supreme Court Decisions
(current through May 16, 2012)
Glunt Industries, Inc., State ex rel. v. Indus. Comm. (5/16/12)
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
Ruscilli Constr. Co., Inc., State ex rel. v. Indus. Comm. (4/12/12)
VSSR: Court cannot uphold order containing major mistakes in fact and law.
Vote:
7-0
Opinion by: Per Curiam
McNea, State ex rel. v. Indus. Comm. (3/29/12))
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
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