Court of Appeals Upholds Loss of Use Award to Widow

In Polyone Corporation v. Indus. Comm., 2014-Ohio-1376, a widow filed for loss of use benefits to which she believed her deceased husband would have been entitled under the law.  The decedent had an allowed workers’ compensation claim for angiosarcoma of the liver and was in a coma for four days before his death.  One of his physicians found the decedent had lost the use of all four extremities before death.  The widow filed for and was awarded loss of use compensation by the Commission. The court of appeals denied the employer’s petition for a writ of mandamus to vacate the Commission’s order, finding there was some evidence to support the fact that the decedent had a total and permanent loss of the extremities before death.  You can read the full decision here.



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