Legal Opinion

State ex rel. Kincaid v. Allen Refractories Co.

Ohio Supreme Court

Decided August 8, 2007No. 2006-1118PublishedCited by 15 opinions

1Opinion of the CourtLanzinger, J.

{¶ 1} We are asked whether a finding of “100% bilateral total loss of sight” for scheduled-loss compensation under R.C. 4123.57(B) compels an award for permanent total disability compensation under R.C. 4123.58(C) in this case. We hold that it does.

Case Background

{¶ 2} Appellant, James Kincaid, was injured in 1984 when he was employed by Allen Refractories Company. Kincaid sustained severe facial trauma and a concussion at work, and a workers’ compensation claim was allowed for “fractured left cheekbone; lacerated left cheek; cerebral concussion; scintillating scintellens (periodic loss of…

2Cases cited8 opinions

  1. State ex rel. General Motors Corp. v. Industrial CommissionOhio Supreme Court · 1975
  2. State ex rel. Gassmann v. Industrial CommissionOhio Supreme Court · 1975
  3. Set Products, Inc. v. Bainbridge Township Board of Zoning AppealsOhio Supreme Court · 1987
  4. State ex rel. Walker v. Industrial CommissionOhio Supreme Court · 1979
  5. Office of Consumers' Counsel v. Public Utilities CommissionOhio Supreme Court · 1985

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3Cited by15 opinions

  1. State ex rel. Davis v. Public Employees Retirement BoardOhio Supreme Court · 2008
  2. State Ex Rel. Davis v. Public Employees Retirement BoardOhio Court of Appeals · 2007
  3. State Ex Rel. Smith v. Industrial CommissionOhio Supreme Court · 2014
  4. State ex rel. WFAL Construction v. BuehrerOhio Supreme Court · 2015
  5. Columbus Steel Castings Co. v. Transp. Transi, 06ap-1247 (12-13-2007)Ohio Court of Appeals · 2007

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