Ohio Supreme Court rules against worker with incomplete spinal cord injury

The Ohio Supreme Court on Thursday upheld a ruling that a worker with an incomplete spinal cord injury was not entitled to compensation for loss of use of his legs because he was at least somewhat able to walk.

Billy Ottinger worked 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 granted Mr. Ottinger’s claim for multiple injuries, including incomplete spinal cord injury, because he regained some feeling after emergency spinal surgery but was unable to walk.

Over time, Mr. Ottinger gained the ability to walk greater distances and was eventually able to walk 200 feet with the aid 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 being granted 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 spinal cord injury. The BWC granted the motion for compensation for loss of use and he was awarded $186,400 for each leg. A district auditor overturned the BWC’s order and denied Mr. Ottinger’s request for compensation for the loss of use of his legs.

In July 2019, an independent medical examination reported that Mr. Ottinger was ambulatory, although frail, and able to walk independently for short distances. A staff hearing officer confirmed that decision.

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