Ohio Supreme Court ruled that a man who got injured at work and later found that he was able to work part-time sedentary work (he did not pursue such work yet), is not eligible for permanent total disability.

The man worked several jobs (a mail carrier and custodian for the U.S. Postal Service) suffered a work-related car accident in 1992. The accident resulted in both physical and psychological injuries. The documents in 2020-Ohio-4269 show that he applied for permanent total disability in 2014 and was denied. 

On appeal, the Ohio Industrial Commission denied his request for benefits, discovering that the man had “voluntarily abandoned the workforce” after being considered capable of part-time sedentary work, which he never sought.

The state’s 10th District Court of Appeals later discovered that the commission’s decision was backed by evidence in the record. The man had arguments that he had sought vocational rehabilitation, which he only sought for three weeks, according to documents.

Injured workers should inform their employers about the injury and seek workers’ compensation claim.

In most cases, if the worker is eligible for the claim, he or she will get it. Sometimes, there are situations where the worker won’t get the workers’ compensation claim for various reasons (such as the one mentioned above).

If you fear that things might not go in your favor, make sure you consult with a workers’ compensation attorney. Not everyone can go through this process on their own.

Your lawyer would review your case and tell you what you can expect.

Our team at Ohio Workers’ Compensation Lawyers has a long-term experience in similar cases and is here to offer you the help you need.

Allow us to speak on your behalf while you recover. 

Don’t let time pass by (the statute of limitations for workers’ compensation claim is now one year).

Contact us today.

Source: https://www.businessinsurance.com/article/20200903/NEWS08/912336461/Disability-denied-for-injured-worker-who-abandoned-workforce