The Ohio Supreme Court on Thursday upheld a determination that a worker with incomplete paraplegia was not entitled to a loss-of-use award for his legs because he retained at least some ability to walk.
Billy Ottinger was working for B&B Wrecking & Excavation Inc. when he injured his spinal cord in a fall from a roof in June 2018.
The Bureau of Workers’ Compensation allowed Mr. Ottinger’s claim for multiple injuries, including incomplete paraplegia, as he regained some sensation following emergency spinal surgery but was unable to walk.
With time, Mr. Ottinger gained the ability to walk greater distances and could eventually walk 200 feet with the help of a walker. In January 2019, Mr. Ottinger filed a motion asking the BWC to consider the medical documentation in his claim file, and “the fact that his claim is allowed for ‘paraplegia.’”
A nurse then conducted a review of the case and submitted a report that incorrectly stated that Mr. Ottinger’s claim had been accepted for paraplegia. The BWC granted the motion for loss-of-use compensation and he received $186,400 for each leg. A district hearing officer vacated the BWC’s order and denied Mr. Ottinger’s request for compensation for the loss of use of the legs.
In July 2019, an independent medical examination reported that Mr. Ottinger was ambulatory, though weak, and able to walk independently for short distances. A staff hearing officer affirmed that decision.
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