On December 8, 2016, the Ohio Supreme Court held Industrial Commission has no authority to award a claimant permanent partial disability compensation when the claimant has been previously found to be permanently totally disabled in same claim, even where PPD compensation is based on a different condition that is the basis of PTD compensation. State ex rel. Ohio Presbyterian Retirement Servs., Inc. v. Indus. Comm., 2016-Ohio-8024. The Court held its decision was consistent with the overall purpose of Ohio’s workers’ compensation system, which is to provide workers compensation for loss sustained on account of a workplace injury. Because the purpose of PTD compensation is to compensate for the impairment of earning capacity over a lifetime, “It logically follows that a claimant who is receiving permanent-total-disability compensation is ineligible for concurrent permanent-partial-disability compensation based on a different condition in the same claim.” On December 29, 2016, the claimant requested reconsideration and, surprisingly, on December 30, 2016, the Court granted reconsideration. The Court will set an oral argument date at a later time.
On January 11, 2017, the Ohio Supreme Court heard arguments in Clendenin v. Girl Scouts of Western Ohio. The issue in the case is whether the Commission’s decision to terminate benefits under R.C. 4123.54 where the claimant’s substantially aggravated condition has returned to its pre-injury status is appealable under R.C. 4123.512. The argument can be viewed here.
On February 28, 2017, the Ohio Supreme Court heard arguments in State of Ohio v. Ferguson. The issue in this case is whether the provision in R.C. 4123.512(D), which requires a claimant to obtain an employer’s consent before voluntarily dismissing a complaint is constitutional. The argument can be viewed here.