Selling Crack is Work – Dealer Disability Pay Stopped

December 24, 2007 (PLANSPONSOR.com) - Ruling that a crack dealer "exchanged labor for pay on a sustained basis," the Ohio Supreme Court affirmed termination of his permanent and total disability benefits.

The Buckeye State high court’s decision upheld a finding by Ohio’s Industrial Commission that Henry Lynch’s crack cocaine business constituted “sustained remunerative employment,” according to Business Insurance. The case was sent to the state Supreme Court after an appellate court upheld the termination of Lynch’s benefits by the Commission, the news report said.

Lynch suffered an industrial accident injury in 1967, and in 1997, he was indicted for possession, sale, and distribution of crack. The enterprise was found to have earned him $300 to $500 a week, according to court records.

After pleading guilty, Lynch was incarcerated and Ohio’s Bureau of Workers’ Compensation moved to terminate his permanent total disability compensation. The case eventually reached the state Supreme Court, where Lynch argued, among other points, that his criminal activities could not be considered sustained employment – because they are illegal.

The Ohio Supreme Court disagreed and found that Mr. Lynch “cannot use the illegality of his pursuits as a shield.”

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