Legal Opinion · Dissent

State Ex Rel. Honda of America Manufacturing, Inc. v. Industrial Commission

Ohio Supreme Court

Decided May 7, 2014No. 2012-1499Published

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

  1. State ex rel. Ashcraft v. Industrial CommissionOhio Supreme Court · 1987
  2. State ex rel. McCoy v. Dedicated Transport, Inc.Ohio Supreme Court · 2002
  3. State ex rel. McCoy v. Dedicated Transport, Inc.Ohio Supreme Court · 2002
  4. State ex rel. Gross v. Industrial CommissionOhio Supreme Court · 2007
  5. State Ex Rel. Rouan v. Industrial CommissionOhio Supreme Court · 2012

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