Yet another decision has been issued by the Ohio Supreme Court that eliminates instances in which an injured worker can obtain benefits as a result of his or her work injury. This decision which was handed down by the Court on November 26, 2024 is entitled State ex rel. Autozone Stores v. Industrial Commission.
Prior to the Supreme Court’s decision both the full Industrial Commission of Ohio and the Tenth District Court of Appeals in Columbus provided broader protections for injured workers. These rights pertained specifically to when an injured worker could receive weekly benefits as a result of their injury. For instance, any time an injured worker’s injury was deemed temporary and prevented a return to work they were entitled to weekly benefits. If an injured worker had to undergo an approved surgery due to a work injury, they would be entitled to weekly benefits during their period of recovery. It was not relevant if they were already off work for some other reason so long as the work injury itself was disabling. Such a conclusion was not only logical but also was consistent with the Ohio Revised Code and particularly 4123.95.
At the urging of Ohio employers, the Ohio Supreme Court eliminated this right. The standard now requires the injured worker to have been working at the time the disabling event occurred, i.e. surgery. If the injured worker was already off of work for some other reason, he or she is not entitled to weekly benefits while they recover for an approved surgery or for any other worsening of their work-related condition. Therefore, if the injured worker was laid off, terminated, off for a different medical issue, etc., they cannot obtain weekly temporary workers’ compensation benefits for their injury.
This is another example of how important Ohio Supreme Court elections are. All Ohioans must educate themselves before elections to determine who is likely to make decisions that are in line with their interests. Otherwise, the continued erosion of injured worker rights in Ohio is likely to continue.
At Green Haines Sgambati Co., L.P.A. we have been fighting for worker rights and particularly injured worker rights for decades. If you have a work injury and want to be sure you obtain all the benefits you are rightfully entitled to, call our office for a free consultation.