Claim for Loss-of-Use Benefits Cannot Be Asserted After Death of Worker

An Ohio appellate court ruled that a claim for loss-of-use compensation for an injured worker cannot be asserted after the worker's death. Case: State ex rel. McLain v. Industrial Commission, No. 23AP-533, 12/10/2024, published. Facts: Donald G. McLain worked for Priority Designs Inc. He suffered injuries at work in August 2002 when a pressurized tank exploded and flew into him. The Bureau of Workers’ Compensation granted McLain temporary total disability benefits for a host of injuries starting from the date of the accident. McLain remained hospitalized after the accident, ...