State ex rel. Peabody Coal Co. v. Industrial Com'n of Ohio

Decision Date12 July 1989
Docket NumberNo. 88-1795,88-1795
Citation44 Ohio St.3d 104,541 N.E.2d 74
PartiesThe STATE, ex rel. PEABODY COAL COMPANY, Appellee, v. INDUSTRIAL COMMISSION OF OHIO et al., Appellants.
CourtOhio Supreme Court

Appellant-claimant ("claimant"), Robert H. Love, sustained injury within the course of and arising from his employment with appellee, Peabody Coal Company, and received temporary total disability compensation for resultant periods of work missed. In late 1984, appellee challenged the continued payment of compensation, alleging that claimant's condition had become permanent.

Following a November 5, 1984 hearing, an Industrial Commission ("commission") district hearing officer found that claimant's condition had become permanent. Approximately two weeks later, claimant filed a motion for permanent total disability compensation. Following a series of appeals and a second motion to terminate compensation, the commission eventually continued temporary total disability benefits to May 6, 1987.

Appellee filed an action in mandamus in the Court of Appeals for Franklin County seeking to vacate the commission's orders. Appellee alleged that the commission abused its discretion in continuing temporary total disability compensation subsequent to November 5, 1984, despite a finding that the claimant's condition had become permanent. The appellate court agreed and issued the writ, finding "[t]he commission did not reverse the findings of permanency but extended temporary total disability compensation solely on the basis of claimant's pending application for permanent total disability compensation. The orders continuing such compensation are based upon medical evidence which clearly does not support said compensation."

On appeal as of right before this court, the commission conceded that compensation was continued pursuant to a long-standing commission policy which provided that hearing officers, in their discretion, could continue temporary total compensation, despite evidence of permanency, during the pendency of an application for permanent total disability compensation where the applicant appeared to meet the permanent total disability criteria. That policy was subsequently invalidated in State, ex rel. Eaton Corp., v. Lancaster (1988), 40 Ohio St.3d 404, 534 N.E.2d 46. The decision also denied employer Eaton's request for Surplus Fund reimbursement under R.C. 4123.515 for all monies paid subsequent to the permanency finding....

To continue reading

Request your trial
7 cases
  • State ex rel. Chrysler Corp. v. Industrial Com'n of Ohio
    • United States
    • Ohio Supreme Court
    • February 25, 1998
    ...ex rel. Peabody Coal Co. v. Indus. Comm. (1989), 41 Ohio St.3d 5, 534 N.E.2d 347, reconsidered and modified on other grounds (1989), 44 Ohio St.3d 104, 541 N.E.2d 74, we returned causes for the commission to rectify its having continued TTD despite a prior determination of In Garrett's case......
  • State ex rel. Roadway Express, Inc. v. Indus. Com'n of Ohio
    • United States
    • Ohio Supreme Court
    • August 5, 1998
    ...that Getz was not temporarily disabled according to all the evidence. The referee also followed State ex rel. Peabody Coal Co. v. Indus. Comm. (1989), 44 Ohio St.3d 104, 541 N.E.2d 74, and granted Roadway Surplus Fund reimbursement for all TTD paid Getz after the August 29, 1986 DHO hearing......
  • State ex rel. Sysco Food Serv. of Cleveland, Inc. v. Indus. Comm.
    • United States
    • Ohio Supreme Court
    • September 13, 2000
    ...adopted in State ex rel. Eaton Corp. v. Lancaster (1989), 44 Ohio St.3d 106, 541 N.E.2d 64, and State ex rel. Peabody Coal Co. v. Indus. Comm. (1989), 44 Ohio St.3d 104, 541 N.E.2d 74. The current scheme eliminates reimbursement for employers in Sysco's situation. Certainly, a remedy that m......
  • State ex rel. Irene M. Farwick v. the Hoover Co., James Conrad, Ceo/administrator, Bureau of Workers' Compensation and Industrial Commission of Ohio,.
    • United States
    • Ohio Court of Appeals
    • February 11, 1999
    ... ... reimbursement from the surplus fund. State ex rel ... Peabody Coal Co. v. Indus. Comm. (1989), 44 Ohio St.3d ... 104, 106; see State ex rel. Eaton Corp. v ... ...
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT