Smith suffered a profound injury to his brain in an industrial accident leaving him in a vegetative state. In other words he just lies there. He does not talk, respond or otherwise show any signs of normal life.
His family asked to be compensated for loss of vision and hearing. Under the Revised Code the loss of vision and sight are paid according to a schedule – or about $21,000 for the loss of sight and the same for the loss of hearing for Mr. Smith’s date of injury. Yes, that is the amount in this day and age. Not a lot, is it?
The medical evidence was plain that he could not see or hear.
The Supreme Court grafts and additional requirement on to the loss award. While the statute simply requires the loss, the Court says that since there was no injury to the eye or ears, that the award is not allowable.
So if a worker injures his lumbar spine and loses use of his legs, is he out of luck? If a worker breaks his neck and loses the use of both legs and arms, is he out of luck? Are we now slicing and dicing to the point of absurdity? Do not worry. Employers will be making that argument next.
The decision was 4 to 3.