Permanent Partial Disability Award Does Not Include Disability

State, ex rel. Holman v. Longfellow Restaurant (7/3/96), 76 Ohio St.3d 44:

SITUATION: Holman was a waitress at Longfellow Restaurant where she injured her low back. In 1990 she received a PP award. In 1992 additional conditions were allowed (arthritic changes L4- 5 and L5-S1) and Holman filed for an increase in PPD. A DHO found no increase in disability. The SHO affirmed stating that the decision was based on medical reports of Drs. B and L and a consideration of Holman's age, education, work history. Holman filed a mandamus in the Court of Appeals arguing that the I.C. abused its discreation in failing to find an increase. The Court of Appeals granted mandamus.

STATUS: Ohio Supreme Court reverses mandamus [4-1(concur)-2 (dissent)]. It rules that the I.C. does not abuse its discretion basing a PP award on medical or clinical findings. It overrules State ex rel. Dickey-Grabler v. Indus. Comm. (1992), 63 Ohio St.3d 465 (disability factors to be considered in PP awards.)

Court says R.C. Section 4123.57(A) [formerly (B)] can be interpreted in different ways. It reviews the statutory history. Court says the history undermines Holman's argument that the legislature clearly intended to include non-medical disability factors in a PP award.

Editor's Comment: Not often the Court reverses itself within four years. It is interesting that the Commission ignored Dickey-Grabler for four years, but issued a resolution immediately on the issuance of this case directing Hearing Officers not to consider disability factors on PP disability awards.

After this decision, the Industrial Commission issued Resolution R96- 1-04 which ordered that Hearing Officers in Permanent Partial cases issue their decisions solely based on the medical evidence. To read Resolution R96-1-04 on the Commission's web site, click here.

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