Permanent Total Cases: Medical Evidence (Supreme Court)

Ohio Workers’ Compensation Decisions
(Supreme Court)

Permanent Total: Medical Evidence

Select the case name to read the decision on the Ohio Supreme Court’s web site. For other issues, see our topic index to Ohio workers’ compensation decisions.

Bailey, State ex rel. v. Indus. Comm. (5/8/14)

The evidence did not establish new and changed circumstances which would render a two year old medical report which the Commission relied on to deny permanent total stale and invalid support for the Commission’s decision.

Vote: 7-0
Opinion by: Per Curiam

Boyd, State ex rel. v. Scotts Miracle-Gro Co. (4/13/16)

Commission did not abuse its discretion in denying permanent total to worker suffering from asbestosis based on medical report from doctor who was not a certified “B reader” because resolution R03-1-02, which requires evidence from a certified “B reader”, only applies to the initial allowance of an asbestosis claim.

Vote: 5-1, 1 concurs in judgment only
Opinion by: Per Curiam

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

Manpower of Dayton, Inc., State ex rel. v. Indus. Comm. (11/16/16)

Medical evidence supported Commission decision to grant permanent total based solely on medical restrictions caused by injury.

Vote: 7-0
Opinion by: Per Curiam

Metz, State ex rel. v. GTC, Inc. (4/9/15)

Medical report which limited injured worker to sedentary work and contained restrictions which did not conflict with administrative code definition of sedentary was valid evidence to support Industrial Commission order denying permanent total.

Vote: 5-2
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

R&L Carriers Shared Servs., L.L.C., State ex rel. v. Indus. Comm. (7/19/17)

Form filled out by doctor which indicated injured worker was incapable of working supported Commission decision to award permanent total, even though doctor also listed specific limitations the injury caused on the injured worker’s ability to work under an entry on the form stating that the injured worker could work with limitations.

Vote: 5-2
Opinion by: Per Curiam

Tradesmen Internatl., State ex rel. v. Indus. Comm. (6/24/15)

Commission properly determined that restrictions listed in medical report were sufficient to render injured worker incapable of working even though doctor indicated that the injured worker retained an ability to perform sedentary work with restrictions; Commission did not abuse its discretion when it determined that the medical report was based on allowed conditions even though doctor only referenced “back pain” and failed to explicitly list the allowed back conditions.

Vote: 7-0
Opinion by: Per Curiam

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

Commission properly excluded medical evidence submitted 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