Legal Opinion · Dissent

Johnson Controls v. Montez, 07ap-510 (6-24-2008)

Ohio Court of Appeals

Decided June 24, 2008No. 07AP-510Unpublished

1Dissent

{¶ 21} I respectfully dissent. Rolando Montez is not seeking benefits other than working wage loss from a date when he had returned to work, from August 8, 2006 onward.

{¶ 22} In granting working wage loss, a staff hearing officer ("SHO") stated:

* * * After the lay-off injured worker collected unemployment benefits and looked for work. During this time frame, the injured worker registered with S.C.O.T.I. for the Ohio Bureau of Job and Family Services. Injured worker testified that from April to August he did a job search wherein he went to several hospitals, and other venues, to see what kind…

2Cases cited14 opinions

  1. State ex rel. Pressley v. Industrial CommissionOhio Supreme Court · 1967
  2. State ex rel. Teece v. Industrial CommissionOhio Supreme Court · 1981
  3. State ex rel. Elliott v. Industrial CommissionOhio Supreme Court · 1986
  4. State ex rel. Lewis v. Diamond Foundry Co.Ohio Supreme Court · 1987
  5. State ex rel. Waddle v. Industrial CommissionOhio Supreme Court · 1993

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