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State ex rel. Parsec, Inc.,
155 Ohio App.3d 303 (2003)
SUBJECT
Total Loss of Vision
RULE
Total loss of vision award is proper even if claimant undergoes cornea
transplant surgery and, through the aid of an artificial cornea, regains
sight in that eye.
CASE DISCUSSION
Claimant suffered an industrial injury with Grant/Riverside Methodist
Hospital which resulted in a traumatic cataract to occur in his left
eye. It was necessary to remove claimant’s cornea and implant
an artificial one to treat his injury and restore vision in his left
eye.
Claimant filed an application for a scheduled loss under R.C. 4123.57(B). Both the Industrial Commission District Hearing Officer and Staff Hearing Officer awarded total loss of vision finding that “the fact that claimant’s vision was subsequently surgically corrected is not properly to be considered in permanent partial awards.”
The employer filed a Mandamus Action with the 10th
District Court of Appeals requesting the Court vacate the Industrial
Commission Orders and find that because claimant’s vision was
restored claimant did not suffer a total loss of vision. The Court denied
the writ and held that because the physicians were not able to repair
claimant’s cornea it was a total loss. The fact that an artificial
lens transplant was inserted is of no consequence in determining whether
claimant’s original body part was a total loss.
Michael J. Spisak
Schottenstein, Zox & Dunn
1350 Euclid Ave., Suite 1400
Cleveland, OH 44212
