State ex rel. Missik v. City of Youngstown

Ohio Supreme Court
State ex rel. Missik v. City of Youngstown, 65 Ohio St. 3d 189 (Ohio 1992)
602 N.E.2d 633; 1992 Ohio LEXIS 2891
Brown, Douglas, Holmes, Moyer, Resnick, Sweeney, Wright

State ex rel. Missik v. City of Youngstown

Opinion of the Court

Per Curiam.

Pursuant to our decision in State ex rel. Litten v. Indus. Comm. (1992), 65 Ohio St.3d 178, 602 N.E.2d 624, we find that the commission’s permanent total disability finding, by attributing the award’s costs exclusively to PEL3212, did not encompass PEL4593 and PE626746. We thus find that the commission abused its discretion in. dismissing claimant’s permanent partial disability application in PEL4593. However, because PEL3212 and PE626746 both involve back injuries, the commission did not err in dismissing claimant’s permanent partial disability application in the latter claim. State ex rel. Consolidation Coal Co. v. Indus. Comm. (1980), 62 Ohio St.2d 147, 16 O.O.3d 166, 404 N.E.2d 141.

We thus affirm that portion of the appellate judgment that found no abuse of discretion by the commission in dismissing claimant’s permanent partial disability application in PE626746. The balance of the judgment is reversed. We order the commission to consider the merits of the application in PEL4593.

Judgment affirmed in part, reversed in part and writ granted in part.

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

Reference

Full Case Name
The State ex rel. Missik v. City of Youngstown
Cited By
5 cases
Status
Published