Will your retirement affect your entitlement to workers’ compensation benefits?

November 7, 2014 | Mark Newman, Ohio Certified Workers’ Compensation Specialist

Post-Retirement Temporary Total Compensation – Ohio Supreme Court Rules “No”

Retirement - comp claim

In a recent case before the Ohio Supreme court, it issued an unanimous opinion ruling that “when a claimant voluntarily retires from the workforce following an injury, he or she becomes ineligible for a new period of temporary total disability while recovering from a post-retirement surgery.” This case involved the Ohio Industrial Commission. The Supreme Court upheld the denial of temporary total compensation, stating: “Because temporary-total-disability compensation is intended to compensate an injured worker for loss of earnings while the industrial injury heals, a claimant who is no longer part of the workforce can have no lost earnings.”

This case is fact specific and it was found that the injured worker was not entitled to temporary total compensation because several years earlier he began receiving social security retirement benefits.  If you are planning to retire, you should contact a workers’ compensation attorney to discuss if your retirement will affect your entitlement to workers’ compensation benefits.

Mark L. Newman, Attorney at Law | Twitter  | LinkedIn  If you have any questions about any of the information contained in this blog, contact Mark Newman via phone: 513-533-2009  or by email at mln@bpbslaw.com.  Advertisement Only Sources sited: http://www.jdsupra.com/legalnews/ohio-supreme-court-says-no-to-post-ret-11095/?utm_source=jds&utm_medium=twitter&utm_campaign=consumer

 

 

Ratings and Reviews

Great attorney…better person.

I have known Mark for over 25 years. Mark is always a good friend, intelligent, insightful. Rest easy when Mark takes your case. He will do a fine job, keep you well informed, and, be a caring human being too boot. Related

- (5 star review)