Ohio Supreme Court, 1980

State ex rel. Anderson v. Industrial Commission

Ohio Supreme Court · Decided May 14, 1980 · Brown, Celebrezze, Herbert, Holmes, Locher, Sweeney

62 Ohio St. 2d 166; 404 N.E.2d 153; 16 Ohio Op. 3d 199; 1980 Ohio LEXIS 714

Cases that cite this one

42 later published cases cite this decision. The 25 that cite it most often are listed here.

State ex rel. Rouch v. Eagle Tool & Machine Co. (Ohio 1986)
State ex rel. Hughes v. Industrial Commission (Ohio 1982)
State ex rel. Thompson v. Fenix & Scisson, Inc. (Ohio 1985)
State ex rel. Burley v. Coil Packing, Inc. (Ohio 1987)
State ex rel. Koonce v. Industrial Commission (Ohio 1985)
State Ex Rel. Ford Motor v. Indus. Comm., Unpublished Decision (3-9-2004) (Ohio Ct. App. 2004)
State ex rel. Frederick v. Galion Country Club (Ohio 1986)
State ex rel. Woodard v. Frigidaire Division, General Motors Corp. (Ohio 1985)
State ex rel. Norman v. Industrial Commission (Ohio 1982)
State Ex Rel. Galligan v. Industrial Commission (Ohio 2010)
State ex rel. Tilley v. Industrial Commission (Ohio 1997)
State ex rel. Hughes v. Goodyear Tire & Rubber Co. (Ohio 1986)
State ex rel. Rhodeback v. Johnstown Mfg., Inc. (Ohio 1986)
State ex rel. Krumm v. Industrial Commission (Ohio 1986)
Bailey v. Republic Engineered Steels, Inc. (Ohio 2001)
Bailey v. Republic Engineered Steels, Inc. (Ohio 2001)
State ex rel. St. Marys Foundry Co. v. Indus. Comm. (Ohio 1997)
Banks v. Ltv Steel Co. (Ohio Ct. App. 1995)
Grant v. Ohio Department of Liquor Control (Ohio Ct. App. 1993)
State ex rel. Dickey-Grabler Co. v. Industrial Commission (Ohio 1992)
Rambaldo v. Accurate Die Casting (Ohio 1992)
State ex rel. Vernon v. Goodyear Aerospace Corp. (Ohio 1988)
State ex rel. Crosby v. Department of Mental Retardation [& Developmental Disabilities] (Ohio 1988)
State ex rel. Riggs v. Oak Lake Farms, Inc. (Ohio 1986)
State ex rel. Stroup v. Industrial Commission (Ohio 1984)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Per Curiam.

Appellant alleges, in her sole proposition of law, that the reports of the examining physicians who do not evaluate all the conditions allowed in her workers’ compensation claim cannot be considered evidence upon which the Industrial Commission could base its order finding that she is not permanently and totally disabled.

While it may not always be necessary that the physicians evaluate every condition allowed in a claim, we do find that where the issue before the commission is whether a claimant is permanently and totally disabled on account of the combined effect of two or more allowed conditions, medical testimony not evaluating the combined effect of those conditions cannot constitute evidence that the claimant is not permanently and totally disabled. The only evidence here which evaluated the *169combined effect of the two conditions indicated that appellant was permanently and totally disabled. Therefore, since there is no evidence upon which the commission could have based its conclusion that appellant is not permanently and totally disabled, mandamus becomes appropriate. See State, ex rel. Wallace, v. Indus. Comm. (1979), 57 Ohio St. 2d 55, 58.

Accordingly, the judgment of the Court of Appeals must be reversed and the writ of mandamus is allowed.

Judgment reversed and writ allowed.

Celebrezze, C. J., Herbert, W. Brown, P. Brown, Sweeney and Locher, JJ., concur.

Dissenting Opinion

Holmes, J.,

dissenting. It is my belief that the commission had the discretion to enter the order which it did, based upon the totality of the file before it. I would affirm.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.