The Ohio Supreme Court issued an opinion yesterday wherein it ruled that recovery could be obtained under Worker’s Comp law for death and disability.
The case, State ex rel. Moorehead v. Indus. Comm., involved an individual who fell 20 feet while at work and was paralyzed (quadriplegic). Two hours later, he died. He had been unconscious the entire time.
The worker’s widow received death benefits, but the State refused to pay disability benefits (the claim for which arose when the man was alive but disabled). The Supreme Court noted that there is no requirement in the statute requiring the injured worked to be aware of his disability.
Therefore, benefits under both theories were recoverable.
For more on this case, click here.
