State ex rel. Kramer v. Industrial Commission, 78-1424
Decision Date | 11 July 1979 |
Docket Number | No. 78-1424,78-1424 |
Citation | 59 Ohio St.2d 39,391 N.E.2d 1015 |
Parties | , 13 O.O.3d 30 The STATE ex rel. KRAMER, Appellant, v. INDUSTRIAL COMMISSION et al., Appellees. |
Court | Ohio Supreme Court |
On August 5, 1969, Joseph Kramer, relator herein, twisted his back when his foot slipped while lifting a small steel tote pan of casting slugs while in the course of his employment with the Gerity Schultz Corporation. His Workers' Compensation claim was recognized for "low back strain and left sacroiliac sprain." He never received compensation for temporary total disability.
The commission found relator to be 15 percent permanent partially disabled on December 1, 1971, and 20 percent permanent partially disabled on August 23, 1974. On September 29, 1975, relator filed a motion with the commission requesting that he be found permanently and totally disabled. The commission denied the motion on March 1, 1976, stating "that such procedure is not indicated at this time." The commission found relator 35 percent permanent partially disabled on April 29, 1976.
On March 20, 1977, relator again filed a motion with the commission requesting that he be found permanently and totally disabled. The commission referred him to Dr. Ned B. Hein, an orthopedic specialist, for examination. Dr. Hein's report stated, in relevant part:
The Attorney Examiner for the commission also recommended that relator be found permanently and totally disabled.
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