loss of use in workplace injuries Part II

In Part I, i explained the standard for a finding of loss of use.  Once the finding is made, the issue arises, how much in compensation will the injured worker receive?  This is done by using the CompRates chart. 

Example:  Kim was injured in 2008 and was found to have loss of use for 1/3 of her right index finger.  Looking under the chart for under the section "Permanent Partial Schedule B Award" we see the loss of an index finger is equal to 35 weeks of compensation.  We would look at the chart and see that in 2008, the PP (B) "Actual Award" is $767.  That is, the amount of weeks would be multiplied by $767 to arrive at the amount of the award. 


The calculation would be as follows:  35 weeks divided by 1/3 loss =11.6 weeks.  11.6 weeks multiplied by $767 equals a total award of $8,897.20.

Hopefully, that example is helpful in showing how valuable a loss of use award can be.  They can be overlooked when a significant injury occurs or when further surgery results in further limitations and ankylosis.

loss of use in workplace injuries

Many people are aware that when someone has suffered a workplace injury in which a finger is amputated they can receive a lump sum payment for scheduled loss.  What many don't know is that if a injury occurs and the functional ability of the finger is gone, the injured worker may be able to obtain the same amount as if the finger where amputated.

The reasoning for such an award is found in the case of State ex rel. Gassmann v. Indus. Comm. (1975), 41 OhioSt.2d 64, 67.  The rule pursuant to Gassman is loss of use of body parts is compensable if it is “to the same effect and extent as if they had been amputated or otherwise physically removed.”   If such a loss has occurred, the amount of the award is determined by the payment schedule found here.  Next time, we show how to understand the payment schedule and apply it to an example.

flow through injuries under ohio workers' compensation

Scenario:   A worker falls off a ladder and injures his knee, requiring surgery.  Several months after the surgery and rehabilitation, the worker has significant shooting pain down his lower back.

What has happened?  If the worker had no prior back issues it is likely that he has a flow through injury.  Often, when one body part is injured, another part of the body compensates to pick up the slack.  In the above example, the lower back has added workload due to the injured knee.  the shooting pain indicates the possibility of sciatica which is caused by compression on the sciatic nerve.  Flow through injuries are common in lower extremity injuries.  When this occurs, our office contacts the injured worker's physician of record to obtain the appropriate medical support for the flow though condition.

New Office, Same Focus on Ohio Injured Workers

I have recently completed my move into my new location at 21 West Main Street, Wakeman, Ohio. The office phone number and other contact information remains the same. The advantage the new space provides is more room to meet with clients, hold depositions, and an expanded reception area.