State ex rel. Bryant v. Pinkerton's, Inc.
| Decision Date | 11 June 1986 |
| Docket Number | No. 85-392,85-392 |
| Citation | 493 N.E.2d 544,24 Ohio St.3d 79 |
| Parties | , 24 O.B.R. 226 The STATE, ex rel. BRYANT, Appellant, v. PINKERTON'S, INC. et al., Appellees. |
| Court | Ohio Supreme Court |
Casper & Casper and Ronald M. Kabakoff, Middletown, for appellant.
Vorys, Sater, Seymour & Pease, Thomas M. Taggart, Robert A. Minor and Bruce L. Ingram, Columbus, for appellee Pinkerton's, Inc. Anthony J. Celebrezze, Jr., Atty. Gen., Janet E. Jackson and Tyrone Yates, Columbus, for appellee Industrial Com'n.
The crux of this appeal concerns the authority of the Industrial Commission to reclassify an injury from temporary to permanent. Appellant would have this court interpret R.C. 4123.56 as requiring a minimum of two hundred weeks', payment of temporary total disability benefits before a temporary disability may be considered to have become a permanent condition.
This proposition is premised upon the following portion of R.C. 4123.56:
In State, ex rel. Ramirez, v. Indus. Comm. (1982), 69 Ohio St.2d 630, 433 N.E.2d 586 , this court established that an employee is entitled to receive temporary total disability when injured and unable to work until one of the following three things occurs: (1) he has returned to work, (2) his treating physician has made a written statement that he is capable of returning to his former position of employment, or (3) the temporary disability has become permanent.
Pursuant to appellant's argument, the third condition of the Ramirez test is subject to that portion of R.C. 4123.56 which mandates a medical examination to determine if the injury has become permanent after the passage of two hundred weeks. Hence, once the Industrial Commission determines that a claimant is entitled to receive temporary total disability benefits under R.C. 4123.56, the commission may not reevaluate the status of claimant's injury until he has received two hundred weeks of temporary total disability benefits.
A review of the Workers' Compensation Act reveals the infirmity of this argument. R.C. Chapter 4123 contains several separate and distinct provisions pertaining to the manner in which a particular work-related disability is to be compensated. Temporary total disabilities are to be compensated pursuant to R.C. 4123.56, permanent...
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State ex rel. Eaton Corp. v. Lancaster
...until the temporary disability became permanent without the statute specifically so stating. In State, ex rel. Bryant, v. Pinkerton's, Inc. (1986), 24 Ohio St.3d 79, 24 OBR 226, 493 N.E.2d 544, and Vulcan Materials Co. v. Indus. Comm. (1986), 25 Ohio St.3d 31, 25 OBR 26, 494 N.E.2d 1125, we......
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State, ex rel. Rmi Co. v. the Industrial Commission of Ohio, -
...statement that he is capable of returning to his former position of employment, or (3) the temporary disability has become permanent." Id. at 82. Vulcan Materials Co. v. Indus. Comm. (1986), 25 Ohio St.3d 31, the court discussed the third prong of the Ramirez test, which deals with the perm......
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Vulcan Materials Co. v. Industrial Commission of Ohio, and Gustava Garrett ,.
... ... accordance with State, ex rel. Eaton Corp., v ... Lancaster (1988), 40 ... In ... State, ex rel. Bryant, v. Pinkerton's, Inc ... (1986), 24 Ohio St.3d 79 ... ...
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Vulcan Materials Co. v. Industrial Com'n of Ohio, s. 85-938
...weeks of temporary total disability benefits. This court recently addressed this identical issue in State, ex rel. Bryant, v. Pinkerton's, Inc. (1986), 24 Ohio St.3d 79, 493 N.E.2d 544. Therein, this court specifically rejected the argument that R.C. 4123.56 mandates two hundred weeks of te......