State, ex rel. KMI Continental, Inc., v. Indus. Comm.

• Decision Date: 14 August 1991
• Docket Number: No. 90-112,90-112
• Citation: 61 Ohio St.3d 443,575 N.E.2d 192
• Parties: The STATE, ex rel. KMI CONTINENTAL, INC., d.b.a. Continental Can, Appellant, v. INDUSTRIAL COMMISSION OF OHIO, et al., Appellees.
• Court: Ohio Supreme Court

Page 443

61 Ohio St.3d 443

575 N.E.2d 192

The STATE, ex rel. KMI CONTINENTAL, INC., d.b.a. Continental Can, Appellant, v. INDUSTRIAL COMMISSION OF OHIO, et al., Appellees.

No. 90-112.

Supreme Court of Ohio.

Submitted May 6, 1991.

Decided Aug. 14, 1991.

Appellee-claimant, Helen L. Shaw, sustained an occupational disease in 1984 while in the course of and arising from her employment with appellant, KMI Continental, Inc., d.b.a. Continental Can. Her workers' compensation claim was allowed by a district hearing officer of appellee Industrial Commission and temporary total disability compensation was awarded as follows:

" * * * from 3-12-85 through 11-27-85, inclusive.

"It is determined that claimant's disability had become permanent as of 11-28-85. Therefore no temporary total [disability compensation] is to be paid beyond 11-27-85." No specific evidence was cited in support of this order.

The Toledo Regional Board of Review affirmed the district hearing officer's order in its entirety. Commission staff hearing officers, however, modified the board's order:

" * * * to the extent that temporary total is ordered to be paid through 9-17-86, only. The termination of temporary total is based upon Dr. Rower's report dated 7-3-86 wherein he found the claimant's condition to have become permanent."

Appellant filed a complaint in mandamus in the Court of Appeals for Franklin County, claiming that the commission abused its discretion in awarding temporary total disability compensation. The appellate court, however, returned the cause to the commission and directed it to identify the evidence relied on as required by State, ex rel. Mitchell, v. Robbins & Myers, Inc. (1983), 6 Ohio St.3d 481, 6 OBR 531, 453 N.E.2d 721.

This cause is now before the court upon an appeal as of right.

Dennis C. Belli, Columbus, and David P. Rieser, for appellant.

Lee I. Fisher, Atty. Gen., Michael L. Squillace, Cincinnati, and Scott A. Armour, Columbus, for appellee Indus. Com'n.

Larrimer & Larrimer, Craig Aalyson and David Swanson, Columbus, for appellee Shaw.

PER CURIAM.

State, ex rel. Mitchell, v. Robbins & Myers, Inc., supra, directed the commission and its subordinates to "specifically state which evidence and only that evidence which has been relied upon to reach their conclusion * * *. * * * [T]his court will no longer search the commission's file for 'some evidence' to support an order of the commission not otherwise specified as a basis for its decision." Id., 6...