State ex rel. Smith v. Industrial Com'n of Ohio, 88-1911

• Decision Date: 28 March 1990
• Docket Number: No. 88-1911,88-1911
• Citation: 553 N.E.2d 247,50 Ohio St.3d 45
• Parties: The STATE, ex rel. SMITH, Appellant, v. INDUSTRIAL COMMISSION OF OHIO, et al., Appellees.
• Court: Ohio Supreme Court

Page 45

50 Ohio St.3d 45

553 N.E.2d 247

The STATE, ex rel. SMITH, Appellant, v. INDUSTRIAL COMMISSION OF OHIO, et al., Appellees.

No. 88-1911.

Supreme Court of Ohio.

Submitted Feb. 6, 1990.

Decided March 28, 1990.

Appellant, Joseph A. Smith, sustained several industrial injuries while working for appellee Whiteway-Spaulding Manufacturing ("Whiteway-Spaulding"). On April 1, 1985, Whiteway-Spaulding completed a "Pension Plan for Employees * * * [;] Request for Benefit Computation: * * * Final" on appellant's behalf, that indicated a June 1, 1985 retirement date. The type of pension sought was recorded as "Early, after age 55 and 10 yrs. of service." On April 22, 1985, appellant submitted a signed one-line note that read:

"I, Joe Smith, give notice of my intention to retire effective June 1, 1985."

Appellant retired as planned.

In May 1986, appellant asked the appellee Industrial Commission ("commission") to reactivate claim No. 82-34609, which related to an industrial injury that had occurred on January 11, 1982, and requested temporary total disability compensation from June 1, 1985 through December 1, 1986. Commission staff hearing officers eventually denied compensation, finding that appellant's retirement was unrelated to his industrial injury and therefore voluntary.

Appellant filed a complaint in mandamus in the Court of Appeals for Franklin County alleging that the commission abused its discretion by finding voluntary retirement. The court disagreed and denied the writ.

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

Roeller, Roeller & Jameson and Robert K. Roeller, Cincinnati, for appellant.

Anthony J. Celebrezze, Jr., Atty. Gen., Michael L. Squillace and Mert H. Wayman, Columbus, for appellee Indus. Com'n.

Dinsmore & Shohl and George B. Wilkinson, Cincinnati, for appellee Whiteway-Spaulding Mfg.

PER CURIAM.

Temporary total disability compensation may be denied where a claimant voluntarily retires. State, ex rel. Jones & Laughlin Steel Corp. v. Indus. Comm. (1985), 29 Ohio App.3d 145, 29 OBR 162, 504 N.E.2d 451. A retirement that is causally related to an industrial injury, however, is not voluntary. State, ex rel. Rockwell Internatl., v. Indus. Comm. (1988), 40 Ohio St.3d 44, 531 N.E.2d 678; State, ex rel. White Consolidated Industries v. Indus. Comm. (1990), 48 Ohio St.3d 17, 548 N.E.2d 926. This determination is a factual question within the commission's final jurisdiction. White, supra, at 18, 548 N.E.2d at 927.

The appellate court's ruling preceded our decisions in Rockwell and White. Upon review, however, we find that the appellate court nonetheless reached the...