Ohio Supreme Court, 1995

State ex rel. Richardson v. Quarto Mining Co.

Ohio Supreme Court · Decided August 23, 1995 · Cook, Douglas, Moyer, Pfeifer, Resnick, Sweeney, Wright

73 Ohio St. 3d 358; 652 N.E.2d 1027

Cases that cite this one

17 later published cases cite this decision.

State ex rel. Coleman v. Schwartz (Ohio 2013)
State ex rel. Tradesmen International v. Industrial Commission (Ohio 2015)
State ex rel. Kish v. Kroger Co. (Ohio 2013)
State Ex Rel. Crabtree v. Indus. Comm. of Ohio, 06ap-458 (6-12-2007) (Ohio Ct. App. 2007)
State ex rel. Ganu v. Willow Brook Christian Communities (Ohio 2006)
State Ex Rel. Brown v. Powelson, Unpublished Decision (12-12-2002) (Ohio Ct. App. 2002)
State ex rel. Vance v. Marikis (Ohio 1999)
State ex rel. Vance v. Marikis (Ohio 1999)
State Ex Rel. Lloyd v. Indus. Comm., 07ap-79 (9-25-2007) (Ohio Ct. App. 2007)
State Ex Rel. Irwin v. Indus. Comm., Unpublished Decision (3-8-2007) (Ohio Ct. App. 2007)
Rms of Ohio, Inc. v. Indus. Comm., Unpublished Decision (3-28-2006) (Ohio Ct. App. 2006)
State Ex Rel. Shaffer v. Indus. Comm., Unpublished Decision (7-20-2004) (Ohio Ct. App. 2004)
Saunders v. O-Kan Marine Repair, Unpublished Decision (4-22-2003) (Ohio Ct. App. 2003)
State Ex Rel. Shetler v. Indus. Comm., Oh, Unpublished Decision (6-18-2002) (Ohio Ct. App. 2002)
State Ex Rel. Shetler v. Indus. Comm., Oh, Unpublished Decision (6-4-2002) (Ohio Ct. App. 2002)
State Ex Rel. Corp. v. Indus. Comm., Ohio, Unpublished Decision (8-13-2002) (Ohio Ct. App. 2002)
State ex rel. Richardson v. Quarto Mining Co. (Ohio 1995)

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.

One question is presented: Is Dr. Shahabi’s report “some evidence” supporting the commission’s temporary total disability compensation denial? For the reasons to follow, we find that it is not and affirm the judgment of the court of appeals.

State ex rel. Johnson v. Indus. Comm. (1988), 40 Ohio St.3d 339, 340, 533 N.E.2d 720, 721, held that the commission “[i]n determining whether to award permanent total disability, * * * must consider every allowed condition.” (Emphasis added.) That temporary total disability is at issue does not compel a different result.

Dr. Shahabi’s disability conclusions were based on the “allowed condition recognized for lumbosacral strain.” This claim, however, is also allowed for “central disc herniation at L4-5 and L5-S1.” Reliance on Shahabi’s report demonstrates that the commission did not consider claimant’s more severe disc condition before denying temporary total disability compensation. Accordingly, the commission abused its discretion in denying compensation without considering all allowed conditions.

The judgment of the court of appeals is affirmed.

Judgment affirmed.

Moyer, C.J., Douglas, Wright, Resnick, F.E. Sweeney, Pfeifer and Cook, JJ., concur.

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