State ex rel. Vernon v. Goodyear Aerospace Corp.
State ex rel. Vernon v. Goodyear Aerospace Corp.
Opinion of the Court
Appellant proposes that the medical reports on which the commission bases its conclusion were deficient in that (1) they did not address the pivotal issue of whether the claimant is permanently and totally disabled, as allegedly required in State, ex rel. Paragon, v. Indus. Comm. (1983), 5 Ohio St. 3d 72, 5 OBR 127, 448 N.E. 2d 1372, and (2) these medical reports did not consider the combined effect of the recognized disabilities, as mandated in State, ex rel. Anderson, v. Indus. Comm. (1980), 62 Ohio St. 2d 166, 16 O.O. 3d 199, 404 N.E. 2d 153.
In regard to the claim that the evidence did not address the extent of the claimant’s disability, this court has
Similarly, appellant’s reliance on State, ex rel. Anderson, supra, is also misplaced. In Anderson, this court established an evidentiary rule which prevented the commission from relying on any medical report which did not consider the combined effect of all the claimant’s recognized conditions in a case involving multiple injuries. However, the Anderson decision and its accompanying evidentiary doctrine were recently overruled in State, ex rel. Burley, v. Coil Packing, Inc. (1987), 31 Ohio St. 3d 18, 31 OBR 70, 508 N.E. 2d 936. A writ of mandamus may only issue where the relator demonstrates, inter alia, a clear legal right to the relief requested. State, ex rel. Harris, v. Rhodes (1978), 54 Ohio St. 2d 41, 8 O.O. 3d 36, 374 N.E. 2d 641. For the reasons set forth in this opinion, we find that appellant has failed to meet this burden and hereby affirm the judgment of the appellate court.
Judgment affirmed.
Reference
- Full Case Name
- The State, ex rel. Vernon v. Goodyear Aerospace Corporation
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- 1 case
- Status
- Published