Ohio commission to review leg amputation loss of use benefits

An Ohio appeals court on Tuesday refused to award scheduled loss workers’ compensation benefits to a worker whose leg was partially amputated in a 2021 industrial accident.

The Ohio Court of Appeals rejected a bid by Randstad North America Inc. for the state Industrial Commission to deny disability benefits to Andrew Bullard, whose leg had to be partially amputated after being crushed by a forklift.

A hearing officer awarded Mr. Bullard loss of use benefits in March 2022. Randstad appealed, arguing that the hearing officer erred because Mr. Bullard’s leg was only partially amputated and the loss of the leg was not found to be a permanent condition. which guarantees compensation for loss of use.

The Industrial Commission rejected Randstad’s appeal, and the employer appealed to the civil court.

While refusing to vacate the plaintiffs’ award entirely, the appeals court determined that Randstad was entitled to limited relief and remanded the case to the Industrial Commission.

The court said the board abused its discretion when it “failed to state specifically what evidence it relied on and explain the reason for its apparent conclusion that the claimant’s loss of use was permanent.”

“Because the permanency issue is inextricably intertwined with the employer’s remaining loss-of-use arguments, the matter must be returned to the board for a permanency determination before the employer’s other arguments can be addressed,” the court wrote.