Ohio Supreme Court denies right to permanent partial disability to injured worker receiving permanent and total disability.

In State ex rel. Ohio Presbyterian Retirement Services, Inc. v. Indus. Comm., 2017-Ohio-7577 the Ohio Supreme Court held:

“When an injured employee has previously been determined to be entitled to permanent-total-disability compensation pursuant to R.C. 4123.58, the commission does not have statutory authority to grant in the same claim a permanent-partial-disability award pursuant to R.C. 4123.57(A).

Previously an injured worker was entitled to a permanent partial disability award for any medical conditions that was not considered as a basis for the prior finding of permanent and total disability.  This decision is a further erosion of injured workers’ right to compensation under their workers’ compensation claim by a republican supreme court.