State ex rel. Dallas v. Industrial Com'n

• Decision Date: 20 June 1984
• Docket Number: No. 83-1284,83-1284
• Citation: State ex rel. Dallas v. Industrial Com'n, 464 N.E.2d 567, 11 Ohio St.3d 193 (Ohio 1984)
• Parties: , 11 O.B.R. 504 The STATE, ex rel. DALLAS, Appellant, v. INDUSTRIAL COMMISSION et al., Appellees.
• Court: Ohio Supreme Court

Page 193

11 Ohio St.3d 193

464 N.E.2d 567, 11 O.B.R. 504

The STATE, ex rel. DALLAS, Appellant, v.INDUSTRIAL COMMISSION et al., Appellees.

No. 83-1284.

Supreme Court of Ohio.

June 20, 1984.

W. Michael Shay, Columbus, for appellant.

Anthony J. Celebrezze, Jr., Atty. Gen., Lee M. Smith and Michael L. Squillace, Asst. Attys.Gen., for appelleeIndustrial Commission.

PER CURIAM.

Not only was there evidence to support the decision of the commission denying permanent total disability, but such evidence was substantial.

The authority of the Industrial Commission to determine extent of disability is not questioned here.Rather, appellant questions the sufficiency and validity of medical reports negating permanent total "impairment" for the reasons that such reports (1) did not describe what type of work appellant would be able to perform based on age, education and work experience; and (2) used the term "impairment" and thus expressed no opinion concerning appellant's "disability."Such contentions are without merit.

Appellant relies on State, ex rel. Jennings, v. Indus. Comm.(1982), 1 Ohio St.3d 101, 438 N.E.2d 420, to support his claim that the failure of medical reports to recite consideration of nonfunctional factors invalidates such reports.Such reliance is misplaced.Jennings entailed a medical report repudiated by the medical examiner in a deposition.There was no such deposition and repudiation here.Moreover, the commission had before it at the August 1982 hearing appellant's affidavit which recited the factors of age, education and work experience.

As to appellant's second contention, use of the term "impairment" in the medical reports is in accordance with the definition set forth in the commission's Medical Examination Manual, at pages 1 and 2, which describes "impairment" as, " * * * the amount of clai...