Medical Cases: Evidence
(Supreme Court)
Click on the case name to read the decision on the
Ohio Supreme Court's web site. Decisions which adopt the
decision of a lower court or
Magistrate, or which decide a case based on a previous decision, are
excluded.
Commission
can reject medical evidence which post-dates the period of disability
as non-probative of the injured worker's condition during the period of
disability.
Vote: 6-1
Opinion by: Per Curiam
Where
doctor issues contradictory opinions due to mistake, and later
clarifies the opinion, Commission can rely on that medical evidence in
making determination. Pre-existing condition is not the same as
pre-existing disability, therefore even if injured worker had a
pre-existing condition, this does not affect eligibility for
compensation based on aggravation of that condition.
Vote: 4-0, 3 concur/ dissent
Opinion by: Justice Resnick
Injured
worker sought payment for surgery in her claim. Court held that
Commission could not rely on doctor's report which pre-dated need for
surgery to deny surgery because claim worsened after that doctor's
report. Court found that the evidence required the Commission to pay
for the surgery.
Vote: 7-0
Opinion by: Per Curiam
Commission
cannot rely on medical opinion from a doctor when it has previously
rejected that opinion even if the report stating that opinion has not
previously been considered.
Vote: 7-0
Opinion by: Per Curiam
Inconsistencies in doctor's report which do not affect validity of
doctor's opinion that surgery is not necessary due to allowed condition
do not invalidate report.
Vote: 7-0
Opinion by: Per Curiam
Doctor's
description of psychological condition was sufficient, even if not
identical to allowed condition, because some latitude is necessary
when considering psychological conditions. Commission could determine
that medical report was not too old, and could determine that the
doctor's opinion with respect to the permanence of the injured worker's
condition was not changed by the amount of time that had passed.
Vote: 7-0
Opinion by: Per Curiam
Signature-stamped medical report is valid evidence which may be considered for determining workers' compensation benefits.
Vote: 6-0, 1 concur judgment only
Opinion by: Justice Pfeifer
Medical
evidence supported Commission's decision to order surgery to relieve
pain. Doctor's pessimistic statements about result does not contradict
recommendation of surgery, but indicates doctor was reluctant to
guarantee success.
Vote: 7-0
Opinion by: Per Curiam
Medical
report which considers only one of two allowed conditions must be
considered in determining whether or not injured worker has reached
maximum medical improvement where second condition is no longer
disabling (as reported by doctor supporting continued temporary total).
Vote: 6-1
Opinion by: Per Curiam
Commission could not rely on C-19 fee bill forms from doctor as evidence of injured worker's disability status.
Vote: 6-1
Opinion by: Justice Douglas
Minor
discrepencies as to height and age of claimant, and one incorrect
statement of claimant's name (when claimant's name is correctly
identified eight other times) do not render medical reports invalid.
Vote: 7-0
Opinion by: Per Curiam
Injured at Work?
Stewart Jaffy &
Associates can help you receive the workers’ compensation
benefits you
are entitled to. We are based in Columbus and represent
injured
workers throughout Ohio before the BWC, Industrial Commission
and
in court.
We also represent people who have social security
disability claims or who have a disability claim before another state
administrative agency (PERS, STRS, SERS or police and fire fighters
disability).
Initial consultations with potential clients are
free. If you are interested in talking with us about a
potential
case, call us at (614) 228-6148.
Stewart Jaffy &
Associates Co.,
LPA | Attorneys at Law
306 E. Gay St. | Columbus, OH 43215
Telephone: (614) 228-6148 | Fax: (614) 228-6140
http://www.jaffylaw.com
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