Ohio Workers Comp: Permanent Total Disability: OH S Court Case Kidd v the Industrial Commission

Описание: Kidd v. IC is a Ohio S. Ct case involving a claimants appeal of her denied PTD application at the Industrial Commission.

The case touches upon the subject of what is and what isn't sedentary only employment, and that the IC may consider whether there are accomodations available that would enable someone to return to work, like a sit-stand desk.

The fact of the matter is, the claimant, Kidd, had a pretty severe back injury necessitating surgery. She tried to return to work as a college cafeteria server for about 8 months. The back and leg pain from her allowed conditions forced her to quit that gig.

She applied for PTD because the IC found that she was capable of sedentary duty notwithstanding the fact that she needed to take breaks every 15 minutes. The IC also found that accomodations existed that would allow her to return to work in a sedentary.

That's all well and good, but the dissent got it right in this instance when the dissent pointed out that a 58 year old woman with a high school education and no experience working in a sedentary office type gig will have a nigh impossible time finding a job doing sedentary work. The dissent pointed out that contrary to the idea of the availability of work from home gigs, many employers are now pushing back on this. (kip comment: who's going to think about the commerical real estate investors, they need bodies in the building; they need money man, they need you in that building). In addition, sit-stand desks aren't the cheapest form of office kit.

Point being, filing and getting PTD is not a walk in the park. This lady should have gotten PTD. Cruel decision.

Revised Code Statute Regarding PTD referenced in the video:

https://codes.ohio.gov/ohio-revised-c...

OAC 4121-3-34 (B)(2): Definition of Sedentary Employment:

https://codes.ohio.gov/ohio-administr....


Link to the Supreme Court Case Kidd v. IC, 2023-Ohio-2975:

https://www.supremecourt.ohio.gov/rod...


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