Permanent Total Cases: Medical 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.

Kroger Co., State ex rel. v. Indus. Comm. (6/24/98)

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

Middlesworth, State ex rel. v. Regal Ware, Inc. (9/26/01)

Commission properly relied on doctor's report to deny permanent total where doctor indicated that condition was not currently disabling. Report did not indicate repudiation of allowance. Worker who suffered a dust-induced occupational disease is eligible for change of occupation award.

Vote: 5-2
Opinion by: Justice Lundberg Stratton

Turbine Engine Components Textron, Inc., State ex rel. v. Indus. Comm. (9/5/01)

Commission properly excluded medical evidence submittted after evidentiary deadline set by letter from Commission even though Commission later sent second letter with a later date.

Vote: 6-1
Opinion by: Per Curiam