Analysis and Discussion of Ohio Workers' Compensation Law and Practice from an Injured Workers' Attorney Perspective.
Sunday, February 12, 2012
what constitutes a total loss of vision under Ohio law?
The issue of what constitutes blindness under Ohio BWC law is very significant because it dictates what benefits the injured worker is entitled.
In Autozone v. IC of Ohio, 117 Ohio St.3d 186, 2008, the Ohio Supreme Court held that no abuse of discretion exists where the IC finds that an Injured worker has suffered loss of sight of an eye when a doctor diagnoses a claimant as legally blind in that eye due to an industrial injury.
The court found significant that the injured worker had 20/200 vision for his injured eye which the court held to be the level which equals "Industrial Blindness".
This finding is different from the Visual Accuity Chart which is often used by examining doctors to determine the percentage loss of vision for C-92 exams. The takeaway from this case is that Loss of Vision of 20/200 or worse is a total loss of vision for purposes of Ohio BWC.
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