September 18, 2013
The Supreme Court of Ohio issued an important decision regarding Loss of Use. Among other important determinations, the court specifically adopted Justice Lundberg Stratton’s concurring opinion, in Moorehead, stating:
Among other determinations important for employers, the Court stated “[t]he benefits are intended to compensate for the injured worker’s loss of earning capacity.” (Quoting, Moorehead). “The loss-of-use award is personal to the injured worker and ceases upon his death when there is no more loss of his earning capacity.” (Quoting, McKenney). SZIRAKI v. BWC., 2013-Ohio-4007; 2013 WL 5288020.
January 6, 2014
An employer “is required to file a notice of appeal in order to assert its appeal of an order of a staff hearing officer or the Industrial Commission. Moreover, nothing in R.C. 4123.512 suggests that an employer can assert its appeal via a counterclaim rather than a notice of appeal. As a result, R.C. 4123.512(A) implicitly prohibits the employer from circumventing the statutory process by asserting its appeal via a counterclaim. Because Kvaerner did not file a notice of appeal, it was prohibited by R.C. 4123.512 from prosecuting its appeal via a counterclaim. Beaumont v. Kvaerner N. Am. Constr., 2013-Ohio-5847 (8th D.C.A.).