Industrial Commission Has Discretion to Determine Worker's Preinjury Vision Baseline

The Ohio Supreme Court ruled that the Industrial Commission has discretion to use a claimant’s corrected vision as his preinjury visual baseline. Case: State ex rel. Cogan v. Industrial Commission, No. 2023-Ohio-3567, 10/05/2023, published. Facts: Kenneth Cogan suffered a childhood injury that left him without a lens in his right eye, a condition called aphakia. A hard contact lens corrected his visual acuity in the eye to 20/40, and he wore glasses, enabling him to maintain a commercial driver’s license for many years. In October 2009, a rachet slipped off a bol...