State ex rel. Baker v. Coast to Coast Manpower, L.L.C.
Annotate this CaseAppellant Jamey Baker was struck in the right eye by a piece of metal while working for appellee. After the piece was removed and the laceration of the cornea was repaired, Baker underwent cataract surgery. Immediately following the accident and prior to the cataract surgery several months later, Baker experienced an eight percent visual impairment. At issue was whether the surgical removal of the lens of an eye in the course of treatment for a workplace injury entitles the injured worker to compensation pursuant to Ohio Rev. Code 42123.57(B) for a total loss of sight. A staff hearing officer with the Bureau of Workers' Compensation granted an award for a total loss of vision in the right eye, and the Industrial Commission vacated the order. The court of appeals denied Baker's writ of mandamus, and the Supreme Court affirmed. The Court calculated Baker's loss of sight based on the percentage of vision actually lost as a result of the injury, prior to any corrective surgery. Because Baker's loss of uncorrected vision did reach the statutory threshold of twenty-five percent, Baker's injury was not compensable under the statute.
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