Garson Johnson Law Blog

When you think all is lost, stay positive

PictureWhile working as an EMT Apprentice, “Sam” was struck on the side of the road by a drunk driver.  The tragedy could have wrecked his life.  Sam lost his leg and had severe injury to his lungs making it difficult to breath.  Instead of giving up, Sam worked tirelessly to put his life back together.  He returned to work as a nurse thanks to a vocational rehabilitation program.  Sam’s previous attorney was out of option.

​Then, Sam asked for a second opinion and found Jeff Johnson.  Attorney Johnson researched the case, the benefits and creatively and systematically identified legal options for Sam.  Jeff Johnson’s knowledge of the law, Supreme Court decisions and Senate Bill 7 allowed Sam to apply for statutory permanent and total benefits.

Statutory Permanent total disability (PTD) is defined in the Ohio Code as:
Statutory permanent and total disability pursuant to division (C) of section 4123.58 of the Revised Code, due to the loss or loss of use of both hands or both arms, or both feet or both legs, or both eyes, or any two thereof, the injured worker shall be found permanently and totally disabled, and a tentative order shall be issued.

​The complexity of this case is that Sam lost 1 leg.  How then did statutory PTD apply?  Attorney Johnson is familiar with the Thomas V. Industrial Commission Supreme Court decision that applies to all injuries prior to the passing of Senate Bill 7 in June of 2006.  This decision says that when an injured worker loses the use of or amputation of the entire extremity or limb it is actually 2 body parts.  While Sam lost his entire leg, he actually lost the use of his leg and his foot meaning 2 body parts.

Because of the severity of these types of cases, Statutory PTD compensation is payable for life and the person is able to work at whatever capacity possible.

Workers comp injuries can be draining to you physically, mentally, and financially. Your story may not be as dramatic as Sam’s story. No matter the severity, don’t lose hope and do not let your workers compensation claim rule your life.  Stay positive.​​

A POSITIVE ATTITUDE GIVES YOU POWER OVER YOUR CIRCUMSTANCES INSTEAD OF YOUR CIRCUMSTANCES HAVING POWER OVER YOU.

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Thanks to the hard working men and women of Ohio for allowing us to serve you. The workers comp system is very challenging. By no choice of their own, workers find themselves injured, off work, and desperate for answers and treatment. We are honored to focus on our clients not just their legal case. The best complement we receive is a referral from existing clients. The second best is their words of thanks and appreciation.

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