Toe transplant results in scheduled loss award for saw operator
State of Ohio ex rel. Mast v. Industrial Commission of Ohio, No. 10AP-278 (Ohio Ct. App. 06/14/11).
The Ohio Court of Appeals held that an operator was entitled to compensation for the loss of her great toe that was transplanted to her thumb.
What it means:
In Ohio, a worker can receive benefits for the loss of two fingers and a toe after a surgical amputation and reattachment to her thumb because she was missing the digits after reattachment and recovery.
Summary: A saw operator sustained traumatic amputations of her left thumb, left index finger, and left long finger in a work-related accident. Her claim was allowed for the loss of these fingers. Since she lost two or more digits on the same hand, she received a scheduled loss award equivalent to the loss of her entire left hand. Her doctor later successfully performed surgery transplanting her left great toe to her left thumb. Following reattachment and recovery, the operator had improved function of her left hand. However, she was missing her left great toe. She sought benefits for the loss of her toe. The Ohio Court of Appeals held that she was entitled to a scheduled loss award for the loss of her toe.
The court explained that the operator's surgical amputation and reattachment involved two different extremities, and she was not separately compensated for the loss of her thumb. The court said a worker's eligibility for a scheduled loss award is determined "from the point of reattachment and recovery." After reattachment and recovery, the operator was missing two fingers and a toe. Both extremities suffered a disfigurement. The operator was still entitled to the award for the scheduled loss of her left hand, but she was also entitled to compensation for the loss of her toe.
Read more at the WorkersComp Forum homepage.
August 11, 2011
Copyright 2011© LRP Publications