State ex rel. Cassity v. Montgomery County Department of Sanitation
Cases that cite this one
7 later published cases cite this decision.
- State ex rel. Kroger Co. v. Indus. Comm. (Ohio 1997)
- State ex rel. Kroger Co. v. Industrial Commission (Ohio 1997)
- State ex rel. Miller v. Industrial Commission (Ohio 1994)
- State ex rel. Miller v. Indus. Comm. (Ohio 1994)
- State Ex Rel. Matlack, Inc. v. Industrial Commission (Ohio Ct. App. 1991)
- State ex rel. Sears, Roebuck & Co. v. Industrial Commission (Ohio 1990)
- State ex rel. Youghiogheny & Ohio Coal Co. v. Kohler (Ohio 1990)
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
In the case at bar, the commission denied compensation for temporary total disability. Per State, ex rel. Burley, v. Coil Packing, Inc. (1987), 31 Ohio St. 3d 18, 31 OBR 70, 508 N.E. 2d 936, this decision must be supported by “some evidence.” Our review reveals “some evidence” supporting the denial.
In State, ex rel. Ramirez, v. Indus. Comm. (1982), 69 Ohio St. 2d 630, 23 O.O. 3d 518, 433 N.E. 2d 586, we held that permanent disability precludes receipt of temporary total compensation. In February 1982, Dr. Pavlatos concluded that appellant had a “poor prognosis for any improvement.” We find that this assessment comports with the definition of “permanency” set forth in Vulcan Materials Co. v. Indus. Comm. (1986), 25 Ohio St. 3d 31, 25 OBR 26, 494 N.E. 2d 1125. There is thus “some evidence” supporting denial of compensation for temporary total disability.
For the reasons set forth above, the judgment of the court of appeals is hereby affirmed.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.