State ex rel. Schirtzinger v. Mihm
State ex rel. Schirtzinger v. Mihm
Opinion of the Court
There are four criteria for denying temporary total disability compensation: (1) actual return to work; (2) medical ability to return to the former position of employment; (3) refusal of suitable, alternate employment; and (4) permanency/maximum medical improvement. R.C. 4123.56(A); State ex rel. Ramirez v. Indus. Comm. (1982), 69 Ohio St.2d 630, 23 O.O.3d 518, 433 N.E.2d 586; Vulcan Materials Co. v. Indus. Co.mm. (1986), 25 Ohio St.3d 31, 25 OBR 26, 494 N.E.2d 1125. Despite the tenor of the briefs before us, we are not persuaded that the key issue in this case is one of eligibility as much as it is one of jurisdiction.
The district hearing officer terminated claimant’s temporary total disability compensation as of January 23, 1992. That order was not appealed. This meant that the employer’s request to change the termination date could be entertained only through the commission’s exercise of continuing jurisdiction. Continuing jurisdiction, however, can be exercised when one of several preconditions, only one of which has been alleged here — clerical error — exists.
A mistake of fact — which includes clerical error — justifies invocation of continuing jurisdiction. State ex rel. Weimer v. Indus. Comm. (1980), 62 Ohio St.2d 159, 16 O.O.3d 174, 404 N.E.2d 149. The commission attempts to characterize
The judgment of the court of appeals is accordingly affirmed.
Judgment affirmed.
Reference
- Full Case Name
- The State ex rel. Schirtzinger v. Mihm, Admr.
- Cited By
- 6 cases
- Status
- Published