State ex rel. Reamer v. Indus. Comm.

Decision Date19 February 1997
Docket NumberNo. 94-2459,94-2459
Citation674 N.E.2d 1384,77 Ohio St.3d 450
PartiesThe STATE ex rel. REAMER, Appellant, v. INDUSTRIAL COMMISSION OF OHIO et al., Appellees.
CourtOhio Supreme Court

Appellant-claimant, James F. Reamer, was injured in 1988 while in the course of and arising from his employment as a general laborer with appellee Sisters of St. Francis. His workers' compensation claim was allowed for "lumbosacral strain/sprain, sacroiliac strain/sprain." The injury resulted in a permanent restriction against claimant's engaging in repetitive lifting of over seventy-five pounds. Although no other limitations were imposed, the lifting restriction prevented claimant from doing his former job, and claimant was released from his employment.

Claimant worked sporadically for two employers between May 24, 1990 and September 17, 1990. In mid-September of that year, claimant began full-time university studies and got a part-time job at the school library. In 1991, claimant moved appellee Industrial Commission of Ohio for wage-loss compensation pursuant to R.C. 4123.56(B). A district hearing officer denied compensation, writing:

"The claimant is attending college and is not available for full time employment. [H]is employment consists of work study. The request for wage loss under [R.C.] 4123.56(B) is therefore denied. The Claimant's wage loss is found not related to the injury."

The regional board of review affirmed, as did commission staff hearing officers, who clarified the period of compensation denial as May 24, 1990 through March 30, 1993.

Claimant filed a complaint in mandamus in the Court of Appeals for Franklin County, alleging that the commission abused its discretion in denying wage-loss compensation. The appellate court denied the writ.

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

Gallon & Takacs Co., L.P.A., and Theodore A. Bowman, Toledo, for appellant.

Betty D. Montgomery, Attorney General, and Melanie Cornelius, Assistant Attorney General, for appellee Industrial Commission.

Brent T. Howard, Tiffin, for appellee Sisters of St. Francis.

PER CURIAM.

R.C. 4123.56(B) provides:

"Where an employee in a claim allowed under this chapter suffers a wage loss as a result of returning to employment other than his former position of employment or as a result of being unable to find employment consistent with the claimant's physical capabilities, he shall receive compensation at sixty-six and two-thirds of his weekly wage loss not to exceed the statewide average weekly wage for a period not to exceed two hundred weeks."

Supplementing the statute, Ohio Adm.Code 4121-3-32(D) provides:

"In injury claims in which the date of injury * * * is on or after August 22, 1986, the payment of compensation [for] wage loss pursuant to division (B) of section 4123.56 of the Revised Code shall commence upon application with a finding of any of the following:

"(1) The employee, as a direct result of the allowed conditions in the claim, returns to employment other than his former position of employment and suffers a wage loss.

"(2) The employee returns to his former position but suffers a wage loss.

"(3) The employee, as a direct result of the allowed conditions in the claim, is unable to find work consistent with the employee's physical capabilities and suffers a wage loss."

Wage loss has two components--actual wage loss and causal relationship to claimant's injury. State ex rel. The Andersons v. Indus. Comm. (1992), 64 Ohio St.3d 539, 597 N.E.2d 143. Claimant...

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  • State ex rel. Roberts v. Indus. Comm'n of Ohio
    • United States
    • Ohio Court of Appeals
    • November 1, 2016
    ...and working wage loss compensation. State ex rel. Pepsi-Cola Bottling Co. v. Morse (1995), 72 Ohio St.3d 210; State ex rel. Reamer v. Indus. Comm. (1997), 77 Ohio St.3d 450; and State ex rel. Rizer v. Indus. Comm., 88 Ohio St.3d 1 (2000). A good-faith effort necessitates claimant's consiste......
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  • State ex rel. Williams-Laker v. Indus. Comm., WILLIAMS-LAKE
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    ...for wage loss, a claimant must prove actual wage loss and causal connection to his or her injury. State ex rel. Reamer v. Indus. Comm. (1997), 77 Ohio St.3d 450, 452, 674 N.E.2d 1384, 1385. Another prerequisite to recover wage loss is proof that a medical inability prevents the claimant fro......
  • State v. Indus. Comm'n of Ohio
    • United States
    • Ohio Court of Appeals
    • July 28, 2015
    ...and working wage loss compensation. State ex rel. Pepsi-Cola Bottling Co. v. Morse (1995), 72 Ohio St.3d 210; State ex rel. Reamer v. Indus. Comm. (1997), 77 Ohio St.3d 450; and State ex rel. Rizer v. Indus. Comm., 88 Ohio St.3d 1 (2000). A good-faith effort necessitates claimant's consiste......
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