Hayes and Mobley: Bridging the Definition of Disability under the Ohio Workers' Compensation Act and the Americans with Disabilities Act of 1990

Kramer, Barbara L.

Journal: Cleveland State Law Review

Volume: 45

First Page: 733

Year: 1997

Bluebook Citation: 45 CLEV. ST. L. REV. 733 (1997)

Author: Barbara L. Kramer: all 3 publications


Abstract

On June 11, 1997, the Supreme Court of Ohio issued decisions in two cases, State ex rel. Hayes v. Industrial Commission and State ex rel. Mobley v. Industrial Commission, in accordance with a ten-year-old definition of permanent total disability (hereinafter PTD) under the Ohio Workers' Compensation Act. This case comment will discuss Hayes and Mobley and the workers' compensation definition of PTD which gave rise to these cases.

The case comment will also compare and contrast PTD and the ADA definition of disability. Finally, this case comment will suggest that, the outcome of Issue 2 notwithstanding, Hayes and Mobley can serve as a bridge to a productive partnership between the two statutory schemes.

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