Toledo, OH
Workers compensation Lawyer at Toledo, OH
Practice Areas: Workers Compensation
OUTCOME: The Ohio Industrial Commission found intoxication was not the proximate cause of the injury.
Injured worker sustained amputations to left great and second toe in attempting to re-engage a machine. The employer alleged injured worker to be intoxicated at the time of injury as a defense to the ... claim.
OUTCOME: The Ohio Supreme Court vacates the Industrial Commission's order granting the employer's request for reconsideration as there was not basis for continuing jurisdiction to vacate it's prior order denying the employer's request for reconsideration.
Injured worker files a request for working wage loss compensation. The injured worker's requested is granted at a District Hearing Office and Staff Hearing Officer. The Industrial Commission denied ... the employer's appeal from the Staff Hearing and then Industrial Commission denies the employer's request for reconsideration. Three months laters, sua sponte, the Industrial Commission granted the employer's request. The Industrial Commission proceeds to hold a third hearing and denies wage loss compensation. Mandamus action was filed on the proposition that the Industrial Commission did not have jurisdiction to vacate it's own prior order denying reconsideration without invoking continuing jurisdiction.
OUTCOME: The Ohio Supreme Court vacates the Industrial Commission's order and grants permanent total disability compensation pursuant to their decision in State ex rel. Gay
The Industrial Commission of Ohio denies injured worker's application for permanent total disability. The medical evidence found that the injured worker, at best, could only perform low stress, sedent ... ary work. Injured worker's attorneys files a mandamus action asserting that there exists no job within the national economy that could accommodate the injured worker's ability to only perform low stress, sedentary work.
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