Tuesday, January 15, 2008

Crack Is Whack, But Selling It Is a Job!!

So says the Ohio Supreme Court in State ex rel. Lynch v. Indus. Comm., Slip Opinion No. 2007-
Ohio-6668, in which it was asked to determine whether Mr. Lynch's ongoing crack cocaine selling enterprise constituted "remunerative employment" such that he should be disqualified from receiving the total disability workers' compensation payments he had been receiving after he was injured in an industrial accident 40 years ago.

The court said the following:

Lynch also claims that the commission cannot consider the activity he engaged in to be sustained remunerative employment, because the activity was illegal. We disagree. Lynch cannot use the illegality of his pursuits as a shield. Lynch exchanged labor for pay on a sustained basis. This constitutes sustained remunerative employment for purposes of permanent total disability.

The lesson is, if you can work -- even if the work you're doing is illegal, you are not toally disabled. Or, if you can make money in an illegal enterprise, you have the ability to go make money legally.

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