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Supreme Court Finds Estate Entitled to Loss of Use Benefits Not to Exceed 2 Years

In State ex rel. Estate of Szirzki v. Bureau of Work. Comp., 2013-Ohio-4007, the Ohio Supreme Court determined a deceased claimant’s estate could not receive the full 850 weeks of loss of use benefits.  The decedent suffered work related injuries resulting in a 16-year near vegetative state and quadriplegia.  After the decedent’s death, his estate moved the Commission for scheduled loss benefits. Although the decedent would have been entitled to 850 weeks of benefits during his lifetime, the Court found the estate was entitled to recover only 104 weeks because R.C. 4123.52 precludes a retrospective award of compensation in excess of two years from the time compensation is requested.  Read more here.

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