State Ex Rel. Honda of America Manufacturing, Inc. v. Industrial Commission
Ohio Supreme Court
1DissentKennedy, J.
{¶ 20} Respectfully, I dissent. I agree that when considering a claimant’s postretirement request for temporary-total-disability compensation, the initial inquiry is whether the claimant voluntarily or involuntarily retired. However, because I believe that R.C. 4123.56(A) requires an actual wage loss, in order to qualify for temporary-total-disability compensation the claimant must also demonstrate an economic loss. Since Robert Corlew had no loss of earnings, he is not entitled to temporary-total-disability compensation. Therefore, I would reverse the judgment of the court of appeals and…
2Cases cited5 opinions
- State ex rel. Ashcraft v. Industrial CommissionOhio Supreme Court · 1987
- State ex rel. McCoy v. Dedicated Transport, Inc.Ohio Supreme Court · 2002
- State ex rel. McCoy v. Dedicated Transport, Inc.Ohio Supreme Court · 2002
- State ex rel. Gross v. Industrial CommissionOhio Supreme Court · 2007
- State Ex Rel. Rouan v. Industrial CommissionOhio Supreme Court · 2012