Malingering Evidence Barred Loss-of-Use Award, 10th DCA Rules

A claimant is not entitled to a loss-of-use award for his left eye because of evidence that he was malingering, Ohio's 10th District Court of Appeals concluded. Case: State ex rel Smith v. Industrial Commission, No. 11AP-1127, 1/31/13, published.Facts: Daniel Smith, an employee of Hogan Services, suffered a work-related injury to his head on March 21, 2007. After his injury, Smith began reporting loss of vision in his left eye. His claim was initially allowed for a scalp contusion, but amended to migraine headaches and a cervical sprain. In 2009, his claim was allowed for "conversion disor...