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Claimant Wins Substantial Aggravation Claim
In Harrison v. Panera, 2013-Ohio-5338, a claimant with an allowed shoulder claim moved the Commission to additionally allow substantial aggravation of preexisting arthritis and impingement syndrome. Although the claimant lost the additional conditions administratively, the claimant prevailed in a bench trial. The claimant’s physician testified range of motion tests, pain measurements, and review of pre-injury and post injury x-rays demonstrated the work injury caused substantial aggravation.
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Chronic Pain May Be Considered New And Changed Circumstances To Support An Additional Permanent Partial Disability Award
In State ex rel. Rocktenn Co. v. Indus. Comm., 2013-Ohio-5296, a claimant moved the Commission for an increase in permanent partial disability due to complaints of chronic pain. The Commission awarded an increase in the award based on chronic pain, which award the employer challenged in a mandamus action. To receive an award for an increase in permanent partial disability, the clamant must demonstrate new and changed circumstances.
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Court of Appeals Finds Truck Driver to be an Independent Contractor
In Ferrari v. Top Flight Driver Leasing, LLC, 2013-Ohio-5232, a truck driver was injured in an automobile accident while transporting goods. Top Flight paid the driver through an LLC created by the driver, which the driver created to avoid paying child support. In addition, the driver signed a contract providing he was an independent contractor.
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Court of Appeals Remands Commission’s Order for Clarification
In State ex rel. Cline v. Abke Trucking, Inc., 2013–Ohio–5159, the 10th District Court of Appeals remanded the Commission’s order denying temporary total disability compensation because the order failed to set forth its reasoning. The Commission’s staff hearing officer found the claimant violated a written work rule, precluding TTD compensation, but failed to explain the evidence supporting this determination.
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Supreme Court Reverses Court of Appeals and Finds Voluntary Abandonment Precludes Compensation
In State ex re. Kelsey Hayes Co. v. Grashel, 2013-Ohio-4959, the Ohio Supreme Court granted an employer’s writ of mandamus to vacate a Commission order granted the claimant PTD benefits. The Court found the claimant voluntarily abandoned the workforce due to retirement. The Court also found the Commission erroneously relied on the opinion of a treating physician, whose opinion had been previously rejected by the Commission. Read the full decision here.
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