February 15th, 2013|
February 15, 2013
The Supreme Court of Ohio has issued a ruling in a controversial Ohio Workers’ Compensation case.
According to The Lima News, an employee in Ohio suffered leg and knee injuries in 2004. She was subsequently awarded temporary total disability compensation to cover the costs of those injuries. The woman later filed an application with the state to retire based on a disability caused by a “major depressive disorder”, which was initially denied.
In 2005, the woman’s doctor declared her injuries had healed and her disability compensation was cut off. A short time later, her amended retirement application was approved.
In 2007, the woman applied for permanent disability compensation, but the claim was denied based on the fact her injuries did not leave her unable to work. So, she again applied for temporary total disability benefits. The claim was also denied though, on the grounds she had left the workforce voluntarily when she retired based on a condition that was not related to her work injury.
Law states a person who leaves the workforce voluntarily cannot receive temporary total compensation benefits. However, the woman claimed a person cannot claim to have left the workforce voluntarily if they were permanently disabled at the time of retirement. The court disagreed and dismissed the case.
The Ohio Personal Injury Lawyers with Nurenberg, Paris, Heller & McCarthy recognize how confusing and complex the process for receiving workers’ compensation benefits in Ohio can be an urge anyone who has been hurt in a work-related accident to discuss their legal rights with an attorney.