550 N.E.2d 474 (Ohio 1990), 88-1396, State ex rel. Cassity v. Montgomery County Dept. of Sanitation

Docket Nº88-1396.
Citation550 N.E.2d 474, 49 Ohio St.3d 47
Opinion JudgePer Curiam.
Party NameThe STATE, ex rel. CASSITY, Appellant, v. MONTGOMERY COUNTY DEPARTMENT OF SANITATION et al., Appellees.
AttorneyMichael J. Muldoon, Columbus, for appellant., Lee C. Falke, Pros. Atty., and John F. Krumholtz, for appellee Montgomery County Dept. of Sanitation., Anthony J. Celebrezze, Jr., Atty. Gen., and Dennis L. Hufstader, Columbus, for appellee Indus. Com'n. Michael J. Muldoon, for appellant., Lee C. Fa...
Judge PanelMOYER, C.J., and SWEENEY, HOLMES, DOUGLAS, WRIGHT, HERBERT R. BROWN and RESNICK, JJ., concur.
Case DateFebruary 21, 1990
CourtSupreme Court of Ohio

Page 474

550 N.E.2d 474 (Ohio 1990)

49 Ohio St.3d 47

The STATE, ex rel. CASSITY, Appellant,

v.

MONTGOMERY COUNTY DEPARTMENT OF SANITATION et al., Appellees.

No. 88-1396.

Supreme Court of Ohio.

February 21, 1990

Submitted Oct. 24, 1989.

Michael J. Muldoon, Columbus, for appellant.

Lee C. Falke, Pros. Atty., and John F. Krumholtz, for appellee Montgomery County Dept. of Sanitation.

Anthony J. Celebrezze, Jr., Atty. Gen., and Dennis L. Hufstader, Columbus, for appellee Indus. Com'n.

PER CURIAM

In the case at bar, the commission denied compensation for temporary total disability. Per State, ex rel. Burley, v. Coil Packing, Inc. (1987), 31 Ohio St.3d 18, 31 OBR 70, 508 N.E.2d 936, this decision must be supported by "some evidence." Our review reveals "some evidence" supporting the denial.

In State, ex rel. Ramirez, v. Indus. Comm. (1982), 69 Ohio St.2d 630, 23 O.O.3d 518, 433 N.E.2d 586, we held that permanent disability precludes receipt of temporary total compensation. In February 1982, Dr. Pavlatos concluded that appellant had a "poor prognosis for any improvement." We find that this assessment comports with the definition of "permanency" set forth in Vulcan Materials Co. v. Indus. Comm. (1986), 25 Ohio St.3d 31, 25 OBR 26, 494 N.E.2d 1125. There is thus "some evidence" supporting denial of compensation for temporary total disability.

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5 practice notes
  • 556 N.E.2d 467 (Ohio 1990), 88-2038, State ex rel. Sears, Roebuck & Co. v. Industrial Com'n of Ohio
    • United States
    • Ohio United States State Supreme Court of Ohio
    • 3 July 1990
    ...evidence to support the commission's findings. State ex rel. Cassity v. Montgomery Cty. Dept. of Sanitation (1990), 49 Ohio St.3d 47, 48, 550 N.E.2d 474, 475, citing State [52 Ohio St.3d 147] ex rel. Burley v. Coil Packing, Inc. (1987), 31 Ohio St.3d 18, 31 OBR 70, 508 N.E.2d 936; State ex ......
  • 598 N.E.2d 121 (Ohio App. 10 Dist. 1991), 90AP-1316, State ex rel. Matlack, Inc. v. Indus. Comm.
    • United States
    • Ohio United States Court of Appeals (Ohio)
    • 25 June 1991
    ...recovery after this period of time"); State ex rel. Cassity v. Montgomery Cty. Dept. of Sanitation (1990), 49 Ohio St.3d 47, 550 N.E.2d 474 (claimant has "poor prognosis for any improvement"). Other courts have considered similar statements and found permanency. See Dept. of ......
  • 643 N.E.2d 113 (Ohio 1994), 93-2224, State ex rel. Miller v. Indus. Comm.
    • United States
    • Ohio United States State Supreme Court of Ohio
    • 20 December 1994
    ...total compensation based on permanency. State ex rel. Cassity v. Montgomery Cty. Dept. of Sanitation (1990), 49 Ohio St.3d 47, 48, 550 N.E.2d 474, 475. Thus, "one must look at the evidence cited in context to really gauge the import of these terms." Matlack, 73 Ohio App.3d at 658,......
  • 564 N.E.2d 76 (Ohio 1990), 89-816, State ex rel. Youghiogheny & Ohio Coal Co. v. Kohler
    • United States
    • Ohio United States State Supreme Court of Ohio
    • 5 December 1990
    ...claimant's condition had become permanent. In State, ex rel. Cassity, v. Montgomery Cty. Dept. of Sanitation (1990), 49 Ohio St.3d 47, 550 N.E.2d 474, we held that the assessment worded "[claimant has a] poor prognosis for any improvement" comported with the Vulcan Materials defin......
  • Request a trial to view additional results
5 cases
  • 556 N.E.2d 467 (Ohio 1990), 88-2038, State ex rel. Sears, Roebuck & Co. v. Industrial Com'n of Ohio
    • United States
    • Ohio United States State Supreme Court of Ohio
    • 3 July 1990
    ...evidence to support the commission's findings. State ex rel. Cassity v. Montgomery Cty. Dept. of Sanitation (1990), 49 Ohio St.3d 47, 48, 550 N.E.2d 474, 475, citing State [52 Ohio St.3d 147] ex rel. Burley v. Coil Packing, Inc. (1987), 31 Ohio St.3d 18, 31 OBR 70, 508 N.E.2d 936; State ex ......
  • 598 N.E.2d 121 (Ohio App. 10 Dist. 1991), 90AP-1316, State ex rel. Matlack, Inc. v. Indus. Comm.
    • United States
    • Ohio United States Court of Appeals (Ohio)
    • 25 June 1991
    ...recovery after this period of time"); State ex rel. Cassity v. Montgomery Cty. Dept. of Sanitation (1990), 49 Ohio St.3d 47, 550 N.E.2d 474 (claimant has "poor prognosis for any improvement"). Other courts have considered similar statements and found permanency. See Dept. of ......
  • 643 N.E.2d 113 (Ohio 1994), 93-2224, State ex rel. Miller v. Indus. Comm.
    • United States
    • Ohio United States State Supreme Court of Ohio
    • 20 December 1994
    ...total compensation based on permanency. State ex rel. Cassity v. Montgomery Cty. Dept. of Sanitation (1990), 49 Ohio St.3d 47, 48, 550 N.E.2d 474, 475. Thus, "one must look at the evidence cited in context to really gauge the import of these terms." Matlack, 73 Ohio App.3d at 658,......
  • 564 N.E.2d 76 (Ohio 1990), 89-816, State ex rel. Youghiogheny & Ohio Coal Co. v. Kohler
    • United States
    • Ohio United States State Supreme Court of Ohio
    • 5 December 1990
    ...claimant's condition had become permanent. In State, ex rel. Cassity, v. Montgomery Cty. Dept. of Sanitation (1990), 49 Ohio St.3d 47, 550 N.E.2d 474, we held that the assessment worded "[claimant has a] poor prognosis for any improvement" comported with the Vulcan Materials defin......
  • Request a trial to view additional results