How Back Injuries and Depression Lead to Permanent Total Disability
When the Ohio Workers’ Compensation laws were written, one would have to think people like Sherry L. Redwine were who lawmakers had in mind. What is, or rather was, unknown was how far the benefits to someone in her situation would extend.
Ms. Redwine was injured while working for c, Inc. in 2003. The life-changing damage she was left with included, according to State ex rel. Ohio Presbyterian Retirement Servs., Inc. v. Indus. Comm. (Ohio Presbyterian), “lumbosacral strain, radiculopathy right lower extremity, aggravation of pre-existing degenerative disc disease, depression, and ruptured disc at L4-5 with free disc fragment.” Her psychological injuries were enough to qualify her for what is known as “permanent-total disability” under § (section) 4123.58 of the Ohio Revised Code.
To qualify for this permanent-total disability, Ms. Redwine’s injuries had to be serious enough to prevent her from doing any sustained work, and that she will never make a full recovery. This does not legally prevent someone from doing any work, but the work can only be every once in a while, and not for a long period of time. No sustained wages can be earned. If an individual is able to do sustained work, the State believes she does not need permanent-total disability.
Permanent-Partial Disability Option
There is another option known as “permanent-partial disability,” located in Ohio Revised Code § 4123.57(A). In this case, a disability has to restrict one’s ability to work but not totally prevent it.
In Ms. Redwine’s case, she actually fit both categories. She had a psychological condition in the aftermath of her injuries that earned her permanent-total disability, and she began receiving disability payments in 2010. Three years later, she applied for permanent-partial disability for her physical injuries and was awarded it as well.
Court Dispute Over Concurrent Benefits
This was the dispute in Ohio Presbyterian . Ohio Presbyterian Retirement Services went to court arguing that Ms. Redwine could not receive both permanent-total and permanent-partial disability. They had good reason to do so, because employers are the ones responsible for workers’ compensation payments. They believed the language in the Ohio Revised Code does not allow for concurrent workers’ compensation. Ms. Redwine argued that since the two disability awards were for different things, she was eligible for both. This, of course, would affect how much she was paid.
In deciding the case, the Ohio Supreme Court had to take into account an Ohio Revised Code statute that says the workers’ compensation statute is to be interpreted as favoring the worker. This put Ohio Presbyterian Retirement Services at an immediate disadvantage. However, the Ohio Supreme Court mentioned a previous case that says courts cannot entirely “rewrite the statute,” or in other words stretch its meaning past what makes sense just to favor the worker.
What seems to be the crucial factor in the Ohio Supreme Court’s decision was a case they decided 90 years ago. Industrial Commission v. Kamrath , as the court explained in Ohio Presbyterian , says that “an injured employee has a right to recover workers’ compensation benefits only as specifically allowed by statute.” The court looked to the fact that there are other types of workers’ compensation that can be earned concurrently, and since they are mentioned specifically, the fact that permanent-total and permanent-partial are not mentioned specifically as being able to be earned concurrently means that they cannot be given out concurrently.
Our Disability Attorneys Are Here to Assist You
If you are dealing with a back injury and depression that may lead to permanent total disability or permanent partial disability, contact the experienced team at Lawrence & Associates Accident and Injury Lawyers, LLC. We are here to protect your rights and help you understand your options. Our knowledgable attorneys have the proven track record to build a strong case and fight for the compensation you deserve. We are here to answer all your questions and provide you with the peace of mind you need.
Call us today at (513) 434-6698 or contact us online for a free consultation.
