Butkovich & Associates, Co. LPA earns victory in Supreme Court of Ohio for injured worker

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March, 2014 Butkovich & Associates, Co. LPA earns victory in Supreme Court of Ohio for injured worker Charles resulting in an award in excess of one hundred fifty thousand dollars. Charles suffered injuries to the right upper extremity in 2006. As a result of the significant impairments, a treating physician opined that Charles had lost the use of his right upper extremity. Charles then filed an application for loss of use of the right upper extremity. The application was denied by the Industrial Commission of Ohio. Prior to his retirement, attorney Mark Ferestad filed a Mandamus action in the Court of Appeals challenging the denial of the application for benefits. The Court of Appeals denied the request for a Writ of Mandamus. After assuming representation of the case following Mr. Ferestad’s retirement, Butkovich & Associates filed an appeal with the Supreme Court of Ohio. After considering the arguments raised by Butkovich & Associates, the Supreme Court of Ohio reversed the decisions of the Industrial Commission and the Court of Appeals and granted the requested Writ. The Court concluded that the impairments suffered by Mr. W. were so severe that by definition he had essentially lost all functional use of the right upper extremity. Charles expressed tremendous appreciation for the outcome as well as praising the efforts of Butkovich & Associates for continuing to pursue the award of compensation on his behalf.