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Ohio Supreme Court, 1998

State ex rel. Davakis v. General Fireproofing Co.

State ex rel. Davakis v. General Fireproofing Co.
Ohio Supreme Court · Decided October 14, 1998 · Cook, Douglas, Moyer, Pfeifer, Resnick, Stratton, Sweeney
83 Ohio St. 3d 350; 699 N.E.2d 1280
State ex rel. Davakis v. General Fireproofing Co.

Cases that cite this one

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Opinion of the Court

The judgment of the court of appeals is affirmed consistent with the opinion of the court of appeals.

Moyer, C.J., Pfeifer, Cook and Lundberg Stratton, JJ., concur. Douglas, Resnick and F.E. Sweeney, JJ., dissent.

Dissenting Opinion

Alice Robie Resnick, J.,

dissenting. I would reverse the judgment of the court of appeals on the issue of permanent total disability (“PTD”), since there is no credible evidence supporting a finding that claimant is capable of any sustained remunerative employment. I would, however, return the cause to the commission to adequately consider and explain the issue of whether claimant’s *351retirement was voluntary, with instructions that if claimant’s retirement is found to be injury-induced, an order granting compensation for PTD shall be entered.

I would affirm on the issue of temporary total disability pursuant to State ex rel. Russell v. Indus. Comm. (1998), 82 Ohio St.3d 516, 696 N.E.2d 1069.

Douglas and F.E. Sweeney, JJ., concur in the foregoing dissenting opinion.

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