In the case of State ex rel. Powell v. Ohio Pub. Emps. Retirement Sys., Slip Opinion No. 2021-Ohio-4030, the Ohio Supreme Court held that the state of Ohio does not owe an employee a fiduciary duty when making a decision regarding retirement and disability benefits.
Here, the employee argued that the state owed the employee a fiduciary duty and that the state did not consider the employee’s personal physician’s diagnosis when denying the employee’s claim for permanent disability. The state argued that the state reviewing physician considered the personal physician’s diagnosis in the report.
The Ohio Supreme Court Court reasoned that the state does not owe a fiduciary duty to the employee and that the state must consider the opinion of the reviewing physician whose report was supported by some evidence. As such, the Court held that the decision to deny disability was valid.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.