Ohio Worker's Compensation - Recent Supreme Court Decision
Injured at work? Or a worker’s compensation attorney? This guide takes a look at a recent workers compensation case in Ohio.
February 25, 2019 Columbus, OH: SO far this year there hasn’t been much action......at the Ohio Supreme Court. There’s been a number of different disciplinary actions, some motion and procedural decisions, and not-of-note dismissals. Two worker’s compensation decisions have come out, and one contains and issue that is worthy of some discussion.
State ex rel. Mignella v. Indus. Comm., Slip Opinion No. 2019-OH-463 came out February 13, 2019. The main issue the court took interest in was whether or not the Industrial Commission can require someone to undergo a second evaluation to decide a Permanent and Total Disability (PDT) claim. The second required evaluation in this case came as a result of mistakes made by the commission’s first doctor. The original evaluation did not adhere to American Medical Association (AMA) guidelines. The injured worker refused to undergo a second evaluation and lost at every level below.
Ultimately, the Supreme Court clarified some old decisions and used both R.C. and administrative rules (cited by the appellant) to, in so many words, destroy the appellants argument. They also denied the appellant’s request for oral argument. All in all, this case is barely news worthy. However, it does reiterate an important point for those suffering through the workers compensation process: if the circumstances warrant it, second, third, and even fourth evaluations CAN be required.
Injured at work? Have an active worker's compensation claim?If you’ve been injured in an accident on the job, please don’t hesitate to call me. I’m happy to answer any questions about the process and what role I can play in helping you get through it.
Written by: Alex T. Jones, Attorney at Law. (513) 217-9533. [email protected]