State ex rel. Fields v. Indus. Comm., 92-2076

Decision Date16 June 1993
Docket NumberNo. 92-2076,92-2076
PartiesThe STATE EX REL. FIELDS, Appellant, v. INDUSTRIAL COMMISSION OF OHIO et al., Appellees.
CourtOhio Supreme Court

Stewart Jaffy & Associates Co., L.P.A., Stewart R. Jaffy and Marc J. Jaffy, Columbus; Sheldon Karp Co., L.P.A., and Sheldon Karp, Cleveland, for appellant.

Lee I. Fisher, Atty. Gen., and Richard A. Hernandez, Asst. Atty. Gen., for appellee Industrial Com'n.

PER CURIAM.

State ex rel. Noll v. Indus. Comm. (1991), 57 Ohio St.3d 203, 567 N.E.2d 245, directed the commission to "specifically state what evidence has been relied upon, and briefly explain the reasoning for its decision. An order of the commission should make it readily apparent from the four corners of the decision that there is some evidence supporting it." Id. at 206, 567 N.E.2d at 248.

The commission concedes that its order does not satisfy Noll since it does not explain the reasoning behind the order but merely identifies evidence that the commission deemed relevant. Mere recitation of claimant's age, education and work history does not constitute an explanation of the commission's decision.

However, a Noll violation does not mandate substitution of the commission's denial with an order granting permanent total disability benefits. Under similar facts, we rejected this proposition, writing:

"A lack of 'some evidence' supporting denial of permanent total disability compensation does not automatically translate into 'some evidence' supporting its award. State ex rel. Lampkins v. Dayton Malleable, Inc. (1989), 45 Ohio St.3d 14, 542 N.E.2d 1105. Accordingly, we return the cause to the commission for further consideration of the application." State ex rel. Wilcox v. Ashtabula Cty. Highway Dept. (1992), 64 Ohio St.3d 190, 192, 593 N.E.2d 1390, 1391-1392.

Claimant responds that the commission must be instructed to find permanent total disability upon remand if claimant's allowed conditions together with nonmedical evidence and nonallowed medical conditions remove him from sustained remunerative employment.

Claimant's assertion arises from language in State ex rel. Stephenson v. Indus. Comm. (1987), 31 Ohio St.3d 167, 31 OBR 369, 509 N.E.2d 946, in which this court ordered the commission, for the first time, to consider nonmedical disability factors in evaluating applications for permanent total disability compensation. Stephenson directed the commission to "look at the...

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  • State ex rel. Reliance Elec. Co. v. Wright
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    ...See State ex rel. Waddle v. Indus. Comm. (1993), 67 Ohio St.3d 452, 454, 619 N.E.2d 1018, 1020; State ex rel. Fields v. Indus. Comm. (1993), 66 Ohio St.3d 437, 440, 613 N.E.2d 230, 232; State ex rel. Wean United, Inc. v. Indus. Comm. (1993), 66 Ohio St.3d 272, 274, 611 N.E.2d 828, 829; Stat......
  • State ex rel. Nicholson v. Copperweld Steel Co.
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    • December 18, 1996
    ...ex rel. Erico Products, Inc. v. Indus. Comm. (1994), 70 Ohio St.3d 661, 663, 640 N.E.2d 824, 826, citing State ex rel. Fields v. Indus. Comm. (1993), 66 Ohio St.3d 437, 613 N.E.2d 230. However, "[t]he presence of debilitating nonallowed conditions * * * does not preclude permanent total dis......
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    • United States
    • Ohio Supreme Court
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    ...based, in part, on Charles's diabetes, a nonallowed condition and impermissible consideration. State ex rel. Fields v. Indus. Comm. (1993), 66 Ohio St.3d 437, 440, 613 N.E.2d 230, 232; State ex rel. Waddle v. Indus. Comm. (1993), 67 Ohio St.3d 452, 455, 619 N.E.2d 1018, 1020. In Firestone, ......
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    ...principle in State ex rel. LTV Steel Co. v. Indus. Comm. (1992), 65 Ohio St.3d 22, 599 N.E.2d 265, and State ex rel. Fields v. Indus. Comm. (1993), 66 Ohio St.3d 437, 613 N.E.2d 230. In LTV, claimant bruised his elbow and back at work. Fourteen years later, he sought permanent total disabil......
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