Ohio Supreme Court, 1991

State ex rel. Cupp v. Industrial Commission

Ohio Supreme Court · Decided March 27, 1991 · Brown, Douglas, Holmes, Moyer, Resnick, Sweeney, Wright

58 Ohio St. 3d 129; 568 N.E.2d 1214; 1991 Ohio LEXIS 694

Cases that cite this one

15 later published cases cite this decision.

State ex rel. Patterson v. Indus. Comm. (Ohio Ct. App. 2017)
State ex rel. Rodriguez v. Indus. Comm. (Ohio 1993)
State ex rel. Kinnear Division v. Industrial Commission (Ohio 1997)
State ex rel. Kinnear Div., Harsco Corp. v. Indus. Comm. (Ohio 1997)
State ex rel. Domjancic v. Industrial Commission (Ohio 1994)
State ex rel. Domjancic v. Indus. Comm. (Ohio 1994)
State ex rel. Kent State Univ. v. Indus. Comm. (Ohio Ct. App. 2016)
State v. Bureau of Work. Cmp. Rehab., 06ap-692 (5-31-2007) (Ohio Ct. App. 2007)
State v. Indus. Comm., Unpublished Decision (2-1-2007) (Ohio Ct. App. 2006)
State Ex Rel. Edwards v. Indus. Comm., Unpublished Decision (3-31-2005) (Ohio Ct. App. 2005)
State Ex Rel. Koza v. Indus. Comm. of Ohio, Unpublished Decision (6-30-2003) (Ohio Ct. App. 2003)
Davis v. Hammer Graphics, Unpublished Decision (4-29-2003) (Ohio Ct. App. 2003)
State Ex Rel. Wheeler v. Indus. Comm., Unpublished Decision (10-6-2003) (Ohio Ct. App. 2003)
State Ex Rel. Burns v. the Indus. Comm., Oh, Unpublished Decision (6-4-2002) (Ohio Ct. App. 2002)
State Ex Rel Harris v. Ford, Unpublished Decision (8-5-1999) (Ohio Ct. App. 1999)

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.

The current controversy centers on the commission’s evaluation of the nonmedical disability evidence, and whether such evaluation included consideration of the vocational report submitted by the appellee. This focus, however, obscures a more significant error — the commission’s apparent failure to consider all the claim’s allowed conditions.

The commission’s order, the statement of facts and Dr. McCloud’s report (on which the commission exclusively relied) all listed the allowed conditions as “left leg, low back, right leg.” The numerous serious conditions *130additionally allowed in 1982 are conspicuously absent from all documents. A similarly deficient order was remanded for clarification and additional consideration in State, ex rel. Johnson, v. Indus. Comm. (1988), 40 Ohio St. 3d 339, 533 N.E. 2d 720. Similar action is warranted here.

Accordingly, the judgment of the court of appeals is affirmed to the following extent: that a limited writ issue ordering the commission to clarify whether it considered the conditions additionally allowed in 1982, to additionally consider, if it has not already done so, the nonmedical disability factors set forth in Stephenson, supra, including the vocational report submitted by appellee, and to indicate with specificity, pursuant to State, ex rel. Noll, v. Indus. Comm. (1991), 57 Ohio St. 3d 203, 567 N.E. 2d 245, which of those factors were considered in its order, and to briefly explain its decision.

Judgment affirmed as modified.

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

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