State ex rel. Hay v. Industrial Commission

Ohio Supreme Court
State ex rel. Hay v. Industrial Commission, 52 Ohio St. 3d 99 (Ohio 1990)
555 N.E.2d 965; 1990 Ohio LEXIS 260
Brown, Douglas, Holmes, Moyer, Resnick, Sweeney, Wright

State ex rel. Hay v. Industrial Commission

Opinion of the Court

Per Curiam.

We are again asked to review the commission’s order for “some evidence” pursuant to State, ex rel. Burley, v. Coil Packing, Inc. (1987), 31 Ohio St. 3d 18, 31 OBR 70, 508 N.E. 2d 036. Confining our examination to the evidence cited in the commission’s order, we find no evidence to support its decision.

Dr. Combs’ September 25, 1984 and September 30, 1986 reports attribute appellee’s disability exclusively to his 1975 claim. Similarly, Dr. Katz acknowledges all the allowed conditions, but bases his conclusion essentially on symptoms and restrictions that relate to the later injury.

We reject the suggestion that the prior thirty-five-percent permanent partial disability award in the 1971 claim is some evidence supporting the commission’s allocation. As we have often stated, a permanent total disability is not measured numerically but is instead based on the claimant’s ability to engage in sustained remunerative employment. State, ex rel. Jennings, v. Indus. Comm. (1982), 1 Ohio St. 3d 101, 1 OBR 135, 438 N.E. 2d 420.

For the reasons set forth above, the judgment of the appellate court is affirmed.

Judgment affirmed.

Moyer, C.J., Sweeney, Holmes, Douglas, Wright, H. Brown and Resnick, JJ., concur.

Reference

Full Case Name
The State, ex rel. Hay v. Industrial Commission of Ohio
Cited By
5 cases
Status
Published