State ex rel. Missik v. City of Youngstown
Cases that cite this one
4 later published cases cite this decision.
- State ex rel. Ohio Presbyterian Retirement Servs., Inc. v. Indus. Comm. (Slip Opinion) (Ohio 2016)
- State ex rel. Mosley v. Indus. Comm. (Ohio Ct. App. 2014)
- State ex rel. Ohio Presbyterian Retirement Servs., Inc. v. Indus. Comm. (Slip Opinion) (Ohio 2017)
- State ex rel. Ohio Univ. v. Indus. Comm. (Ohio Ct. App. 2015)
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
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.