State ex rel. Crisp v. Indus. Comm., 91-975

Decision Date02 September 1992
Docket NumberNo. 91-975,91-975
Citation64 Ohio St.3d 507,597 N.E.2d 119
PartiesThe STATE ex rel. CRISP, Appellant, v. INDUSTRIAL COMMISSION OF OHIO et al., Appellees.
CourtOhio Supreme Court

Appellant-claimant, Willie Crisp, was injured on January 30, 1971, while in the course of and arising from his employment with appellee LTV Steel Company. His claim was allowed for "transverse fracture of neck of left femur; comminuted intra-articular fracture of distal left radius and transverse fracture of styloid process of left ulna" and "aggravation of pre-existing arthritis of the lumbo-sacral spine." Following an award of temporary total disability compensation, claimant returned to work on November 7, 1971 and continued working until his July 31, 1980 retirement. Among the options available to departing employees were "early retirement" and "disability retirement." Claimant chose neither, selecting a "62/15 retirement" instead (sixty-two years of age and fifteen years of service).

In November 1986, a commission district hearing officer denied claimant's request for renewed temporary total disability compensation, finding that "claimant voluntarily removed himself from the work force when he retired in 1980 * * *." The Canton Regional Board of Review affirmed this order and the commission refused further appeal. This determination then became final.

In July 1987, claimant applied for permanent total disability compensation. The commission denied the application, finding, among other things, that claimant had voluntarily retired.

Claimant then brought this action in mandamus in the Court of Appeals for Franklin County, alleging that the commission had abused its discretion by denying permanent total disability compensation. The appellate court disagreed, holding that "there is some evidence to support the finding of the commission that [claimant] voluntarily removed himself from the work force," and denied the writ.

The cause is now before this court upon an appeal as of right.

Schiavoni & Schiavoni Co., L.P.A., and Joseph Bush, III, Youngstown, for appellant.

Lee I. Fisher, Atty. Gen., Cordelia A. Glenn and Gerald H. Waterman, Columbus, for appellee Indus. Com'n.

Baughman & Associates Co., L.P.A., R. Patrick Baughman and Sandra Becher Sommers, Cleveland, for appellee LTV Steel Co.

PER CURIAM.

An employee-initiated retirement that is not precipitated by industrial injury is considered "voluntary." State ex rel. Rockwell Internatl. v. Indus. Comm. (1988), 40 Ohio St.3d 44, 531 N.E.2d 678. Voluntary retirement precludes permanent...

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22 cases
  • State ex rel. Navistar, Inc. v. Indus. Comm'n of Ohio
    • United States
    • Ohio Supreme Court
    • March 4, 2020
    ...231, ¶ 16.{¶ 33} This court has recognized that "[v]oluntary retirement precludes [PTD] compensation." State ex rel. Crisp v. Indus. Comm ., 64 Ohio St.3d 507, 508, 597 N.E.2d 119 (1992). A claimant who retires or otherwise voluntarily abandons employment for reasons unrelated to his or her......
  • State ex rel. Quarto Mining Co. v. Foreman
    • United States
    • Ohio Supreme Court
    • June 18, 1997
    ...over a six-year span. A claimant cannot relitigate a prior finding that he had voluntarily retired. State ex rel. Crisp v. Indus. Comm. (1992), 64 Ohio St.3d 507, 597 N.E.2d 119. Instead, the employer sat idly by at each successive hearing, allowing the commission each time to determine the......
  • Marinkovic v. Diversified Inventory Sol.
    • United States
    • Ohio Court of Appeals
    • February 6, 2002
    ...Twp. Bd. of Zoning Appeals (1987), 31 Ohio St.3d 260, 263, 31 OBR 463, 510 N.E.2d 373. See, also, State ex rel. Crisp v. Indus. Comm. (1992), 64 Ohio St.3d 507, 508, 597 N.E.2d 119. {¶ 9} In order for a claim to fall within the parameters of Greene v. Conrad and Resolution 98-1-02 and, acco......
  • State ex rel. Kroger Co. v. Industrial Commission of Ohio
    • United States
    • Ohio Supreme Court
    • January 7, 1998
    ...361, 362, 475 N.E.2d 782, 783. This principle applies to proceedings before the Industrial Commission. State ex rel. Crisp v. Indus. Comm. (1992), 64 Ohio St.3d 507, 597 N.E.2d 119. See, also, 8 Larson's Workers' Compensation Law (1997) 15-427, Section However, in order for res judicata to ......
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