Ohio: Survivors of Worker Who Lapsed Into Coma Shortly Before Death Entitled to Scheduled Benefits in Additional to Death Benefits

Continuing a line of controversial decisions in which the survivors of a deceased employee are allowed to recover not only statutory death benefits following the death of the employee from work-related injuries or occupational diseases, but also scheduled loss of use benefits because, just prior to his death, the employee lapsed into a coma, an Ohio appellate court has awarded scheduled benefits for loss of use of both arms and legs related to an employee who suffered angiosarcoma and who lapsed into a coma four days prior to his death.  That the employee was unaware of his loss of use made no difference, indicated the court.  There was “some medical evidence” that the cancer independently caused the permanent loss of decedent’s four extremities. Because the decedent would have been entitled to have applied for a scheduled loss award at the time of his death, his surviving spouse was entitled to apply for benefits to which he was entitled.

Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is a leading commentator and expert on the law of workers’ compensation.

LexisNexis Online Subscribers: Citations below link to Lexis Advance. Bracketed citations link to lexis.com.

See State ex rel. PolyOne Corp. v. Industrial Comm’n (Evans), 2014 Ohio 1376, 2014 Ohio App. LEXIS 1222 (Mar. 31, 2014) [2014 Ohio App. LEXIS 1222 (Mar. 31, 2014)]

See generally Larson’s Workers’ Compensation Law, § 86.04 [86.04]

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

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