State ex rel. Bryant v. Indus. Comm.

Decision Date07 February 1996
Docket NumberNo. 94-1093,94-1093
Citation74 Ohio St.3d 458,659 N.E.2d 1256
PartiesThe STATE ex rel. BRYANT, Appellant, v. INDUSTRIAL COMMISSION OF OHIO, Appellee.
CourtOhio Supreme Court

Appellant-claimant, Otis Bryant, was awarded workers' compensation benefits for a "cervical fracture and subluxation of C2-3 with left-sided weakness," which occurred while in the course of and arising from his employment with Human Involvement Pro. In 1991, he moved appellee, Industrial Commission of Ohio, for permanent total disability compensation.

Among the medical evidence before the commission was the report of Dr. Ron M. Koppenhoeffer, who stated:

"When one takes into effect his decreased range of motion involving his left shoulder, cervical spine, as well as his spinal cord injury, I believe Mr. Bryant has a forty-one percent (41%) permanent partial impairment to the body as a whole. * * * With his decreased range of motion of his shoulder and neck, I do not believe he could return to his former position of employment. His coordination would also interfere with his ability to return at that position.

"The patient is medically and psychologically stable to participate in rehabilitation services. However, I believe his current age of 79 and his limited formal education would prohibit him from being placed in rehabilitation. However, with these factors aside, I believe he should be recommended for sedentary to possibly light activities. * * * "

On July 20, 1992, a commission deputy awarded permanent total disability in an interlocutory order, writing:

"This order is based particularly upon the report(s) of Dr. Nobunaga, who for the claimant, dated 1-23-92, who found claimant's [sic ] is unlikely to perform substantial gainful employment on a sustained basis, [and] Dr. Koppenhoeffer for the Industrial Commission dated 2-28-92 who found claimant's age of 79 and his limited formal education would prohibit him from being placed in rehabilitation. A consideration of the claimant's age of 79, 7th grade education, [and] a work history which includes job as a woodworker and manual work * * *. Additional factors considered in reaching this decision were claimant's age of 79, his 7th grade education, his limitations concerning use of his hands in regards to dexterity activities and the vocational report from Michael Farrell, Ph.D. and associates."

However, when the application was heard by the full commission, it denied permanent total disability compensation, stating:

"The entirety of the medical evidence was reviewed relative to the instant application, and the Commission has found to be persuasive the report of Dr. Koppenhoeffer. The report is found to conclude that the allowed conditions in the claim do not prevent the claimant from performing light to sedentary levels of employment. Additionally, this report states that the claimant is medically stable to participate in rehabilitation services in an attempt to return him to the active workforce. As such, the Commission finds the claimant's education to be of a sufficient degree to participate in and benefit from retraining in light to sedentary levels of employment. Moreover, the commission finds that the claimant's work history as a vocational instructor relates that he would be able to use and implement skills acquired in rehabilitation in a sustained fashion. It is noted that claimant had completed a vocational program previously, and prior to injury, in order to secure his position with the instant employer. It is also noted the commission does not find the claimant's current age of 80 to be an impediment to his undergoing retraining or work hardening as the commission is convinced by statements within the file that he was intending to work for a number of years past retirement age. As evidence of this, it is noted that the claimant was 72 at the time of injury. Based on these factors which speak to the claimant's ability to be retrained vocationally, the Commission has found the report of Mr. Techlenberg to not be persuasive. Accordingly, the Commission finds the claimant to be able to sustain remunerative employment."

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19 cases
  • State ex rel. Chapman v. Industrial Commission of Ohio, 2008 Ohio 4717 (Ohio App. 9/18/2008)
    • United States
    • Ohio Court of Appeals
    • 18 Septiembre 2008
    ... ... Indus. Comm. (1987), 31 Ohio St.3d 167; (2) the magistrate should have applied State ex rel. Hall v ...         Objections overruled; writ denied ...         TYACK and T. BRYANT, JJ., concur ...         T. BRYANT, J., retired of the Third Appellate District, ... ...
  • State ex rel. Brahler v. Kent State Univ.
    • United States
    • Ohio Court of Appeals
    • 3 Diciembre 2013
    ...the significance of her rehabilitation efforts following the denial of her first application for PTD in light of State ex rel. Bryant v. Indus. Comm., 74 Ohio St.3d 458 (1996), and State ex rel. Cliff v. Auburndale Co., 111 Ohio St.3d 490, 2006-Ohio-6111. Claimant argues that this case pres......
  • State ex rel. Naso v. Indus. Comm'n of Ohio, 12AP-36
    • United States
    • Ohio Court of Appeals
    • 11 Diciembre 2012
    ...51 years; State ex rel. Pass v. C.S.T. Extraction Co., 74 Ohio St.3d 373 (1996)—claimant 64 years; State ex rel. DeZarn v. Indus. Comm., 74 Ohio St.3d 461 (1996)—claimant 71 years; State ex rel. Moss v. Indus. Comm., 75 Ohio St.3d 414 (1996)—claimant 78 years; and State ex rel. Bryant v. In......
  • State ex rel. Ehlinger v. Indus. Comm.
    • United States
    • Ohio Supreme Court
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    ...1055], DeZarn [State ex rel. DeZarn v. Indus. Comm. (1996), 74 Ohio St.3d 461, 659 N.E.2d 1259] and Bryant [State ex rel. Bryant v. Indus. Comm. (1996), 74 Ohio St.3d 458, 659 N.E.2d 1256] support these propositions. Collectively, these cases establish that there is not an age--ever--at whi......
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