Ohio: PTD Benefits Not Available to 90-Year-Old Since He Could Return to Work

In making its determination that a 90-year-old claimant was not permanently and totally disabled, the Industrial Commission was free to reject a report from claimant’s vocational consultant in favor of its own analysis of relevant vocational factors. While the Commission acknowledged that claimant’s age was a negative factor, it also noted that claimant had a high school education and a lengthy and successful work history that included supervisory positions. The Court noted that the claimant had a driver’s license and was able to return to his prior employment as a “runner” for a car dealership. Claimant did not meet the definition of PTD; he had the ability to perform sustained remunerative employment.

Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is the co-author of Larson’s Workers’ Compensation Law (LexisNexis).

LexisNexis Online Subscribers: Citations below link to Lexis Advance.

See State ex rel. Boyd v. Scotts Miracle-Gro Co., 2016-Ohio–1508, 2016 Ohio LEXIS 928 (Apr. 13, 2016)

See generally Larson’s Workers’ Compensation Law, § 80.04.

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law.

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