Ohio Supreme Court, 1992

State ex rel. Crisp v. Industrial Commission

Ohio Supreme Court · Decided September 2, 1992 · Brown, Douglas, Holmes, Moyer, Resnick, Sweeney, Wright

64 Ohio St. 3d 507; 597 N.E.2d 119

Cases that cite this one

20 later published cases cite this decision.

State ex rel. Kroger Co. v. Industrial Commission (Ohio 1998)
State ex rel. Kroger Co. v. Indus. Comm. (Ohio 1998)
Ford Motor Co. v. Johnson, 07ap-1084 (9-25-2008) (Ohio Ct. App. 2008)
State ex rel. Navistar, Inc. v. Indus. Comm. (Slip Opinion) (Ohio 2020)
Yauger v. Administrator of Bwc, Unpublished Decision (5-18-2005) (Ohio Ct. App. 2005)
Norman v. Longaberger Co., Unpublished Decision (3-31-2004) (Ohio Ct. App. 2004)
Quaint v. Technicare Corporation, Unpublished Decision (3-21-2002) (Ohio Ct. App. 2002)
Marinkovic v. Diversified Inventory Solution, Inc. (Ohio Ct. App. 2002)
State ex rel. Quarto Mining Co. v. Foreman (Ohio 1997)
State ex rel. Ohio Bell Telephone Co. v. Industrial Commission (Ohio 1994)
State ex rel. Ohio Bell Tel. Co. v. Indus. Comm. (Ohio 1994)
White v. Industrial Commission (Ohio Ct. App. 1992)
Howard v. Indus. Comm., Unpublished Decision (10-22-2004) (Ohio Ct. App. 2004)
State Ex Rel. Donley v. Indus. Comm., Unpublished Decision (4-15-2004) (Ohio Ct. App. 2003)
Taylor v. Indus. Comm. of Ohio, Unpublished Decision (3-18-2003) (Ohio Ct. App. 2003)
State Ex Rel. Co. v. the Indus. Comm., Unpublished Decision (6-27-2002) (Ohio Ct. App. 2002)
State Ex Rel. Underwood v. Indus. Comm., Oh, Unpublished Decision (5-7-2002) (Ohio Ct. App. 2002)
State Ex Rel. Hayes v. Indus. Comm., Ohio, Unpublished Decision (7-18-2002) (Ohio Ct. App. 2002)
Cooper v. Adm. of Ohio Bur of Wkrs Comp., Unpublished Decision (5-30-2000) (Ohio Ct. App. 2000)
Short v. Hinman, Unpublished Decision (2-13-1998) (Ohio Ct. App. 1998)

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.

An employee-initiated retirement that is not precipitated by industrial injury is considered “voluntary.” State ex rel. Rockwell Internatl. v. Indus. Comm. (1988), 40 Ohio St.3d 44, 531 N.E.2d 678. Voluntary retirement precludes permanent total disability compensation. State ex rel. Chrysler Corp. v. Indus. Comm. (1991), 62 Ohio St.3d 193, 580 N.E.2d 1082. In this case, claimant’s permanent total disability denial was based on, among other things, voluntary retirement. Claimant argues that there is no evidence to support the commission’s conclusion that he voluntarily retired. Upon review, we reject claimant’s belated attempt to raise this argument.

Claimant seeks to relitigate an issue that was conclusively decided in early 1987. Claimant ignores the fact that the voluntary retirement issue was determined by a district hearing officer in November 1986. The commission ultimately affirmed that decision by an order mailed May 12, 1987, and the determination was not, thereafter, reversed. The issue must, therefore, be considered res judicata. See Whitehead v. Gen. Tel. Co. (1969), 20 Ohio St.2d 108, 49 O.O.2d 435, 254 N.E.2d 10.

Accordingly, the judgment of the appellate court is affirmed.

Judgment affirmed.

Moyer, C.J., Sweeney, Holmes, Douglas, Wright and Resnick, JJ., concur. H. Brown, J., not participating.

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