State ex rel. Gibson v. Industrial Com'n of Ohio
Citation | 39 Ohio St.3d 319,530 N.E.2d 916 |
Decision Date | 16 November 1988 |
Docket Number | No. 87-634,87-634 |
Parties | The STATE ex rel. GIBSON, Appellant, v. INDUSTRIAL COMMISSION OF OHIO et al., Appellees. |
Court | Ohio Supreme Court |
Appellant, Ruby M. Gibson, was injured on April 28, 1978, while in the course of and arising out of her employment with appellee Jeep Corporation. The claim was allowed for "[b]ursitis of right shoulder," and temporary total compensation was awarded through January 30, 1979. Between 1980 and 1983, appellant filed several motions for temporary total compensation, all of which were denied at the administrative level.
On November 4, 1983, appellant moved that her condition for "frozen right shoulder with periarthritis" be recognized as part of her claim. She also requested temporary total compensation retroactive to November 4, 1981, and to continue upon submission of medical proof based on the newly requested condition. On January 31, 1984, a district hearing officer granted the additional allowance, but denied temporary total compensation, finding that the condition did not prevent appellant from returning to her former position of employment.
On appeal to the regional board of review, the order was modified and temporary total compensation was awarded from November 4, 1983. Dissatisfied with the board's failure to grant temporary total compensation retroactive to 1981, appellant, pursuant to R.C. 4123.516, again appealed. The ensuing order read in pertinent part:
Appellant filed a complaint for a writ of mandamus in the Court of Appeals for Franklin County, alleging that the commission abused its discretion in vacating the regional board's award of temporary total compensation because the commission had no jurisdiction to consider the award. The court of appeals denied the writ.
The cause is now before this court upon an appeal as a matter of right.
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