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Court of Appeals Upholds Denial of Accrued PTD Compensation to Estate of Claimant

Upon the death of a workers’ compensation claimant (“decedent”), the administrator of the decedent’s estate filed an application for accrued PTD benefits under R.C. 4123.60.  The Commission denied the application, finding among other things that the decedent had vocational factors negating the payment of a PTD award.  The estate filed a mandamus action, which the court of appeals denied on the ground there was some evidence to support the Commission’s order.  Curiously, however, the court seemed to lose sight of the fact that the estate lacked standing to file the application in the first place.  Under R.C. 4123.59 and R.C. 4123.60, the persons eligible for death benefits are dependents meeting the statutory definition.  Click here to read the full decision.

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