Ohio: Bartering Scenario at Horse Racing Track Disqualifies Claimant from PTD Benefits

Finding that there was sufficient evidence to support a decision by the Ohio Industrial Commission that an injured worker had, without advising the Commission or the employer, knowingly engaged in sustained remunerative employment in the form of exchanging horse-training and grooming services for housing and feeding charges at the stable that sheltered the worker’s horses, the Supreme Court of Ohio affirmed a decision terminating the worker’s PTD benefits. The Supreme Court disagreed, however, with the Commission’s choice of the disqualifying date and remanded the case for further determinations.

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

LexisNexis Online Subscribers: Citations below link to Lexis Advance.

See State ex rel. Seibert v. Richard Cyr, 2019-Ohio-3341, 2019 Ohio LEXIS 1734 (Aug. 22, 2019)

See generally Larson’s Workers’ Compensation Law, § 39.03.

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

For a more detailed discussion of the case, see