State ex rel. Martinez v. Avon Oaks Nursing Home
State ex rel. Martinez v. Avon Oaks Nursing Home
Dissenting Opinion
dissenting. As stated in our original pronouncement, State ex rel. Martinez v. Avon Oaks Nursing Home (1994), 71 Ohio St.3d 112, 642 N.E.2d 355, claimant offers three alternate permanent total disability starting dates: (1) December 26, 1982 — the date her temporary total disability benefits ceased; (2) April 29, 1983 — the date of her first permanent total disability application; or (3) March 23, 1985 — the date of her second permanent total disability motion. For the reasons that follow, we should affirm the judgment of the court of appeals.
The commission found that Dr. Kaffen’s July 2, 1991 report was the earliest credible evidence of permanent total disability and started benefits as of that date. Claimant contends that some of the earlier evidence before the commission
The fact remains that, for whatever reason, her applications were not processed sooner. Perhaps the delay was due to claimant’s relocation to Florida or perhaps to an administrative error. Regardless of the reason, the delay, while regrettable, cannot compel payment of compensation over a period in which there is no evidence of permanent total disability. As the appellate court stated:
“While the delays in this case do not reflect well upon the Industrial Commission, the order which sets forth the reason for the commencement date of the permanent total disability compensation is one of the most cogent orders which has come before the court in recent history.”
For the foregoing reasons, I respectfully dissent.
Opinion of the Court
Based on the reports of Dr. Hollister, we find that the commission abused its discretion in determining the commencement date of claimant’s permanent total disability compensation. Accordingly, the judgment of the appellate court is reversed and a writ of mandamus is issued ordering the commission to commence compensation as of March 23, 1986.
Judgment reversed and unit allowed.
Reference
- Full Case Name
- The State ex rel. Martinez v. Avon Oaks Nursing Home Industrial Commission of Ohio
- Status
- Published