State ex rel. Humphrey v. Industrial Commission

Ohio Supreme Court
State ex rel. Humphrey v. Industrial Commission, 83 Ohio St. 3d 360 (Ohio 1998)
699 N.E.2d 1287
Cook, Douglas, Moyer, Pfeifer, Resnick, Stratton, Sweeney

State ex rel. Humphrey v. Industrial Commission

Opinion of the Court

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

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

Dissenting Opinion

Alice Robie Resnick, J.,

dissenting. I would reverse the judgment of the court of appeals and return the cause to the Industrial Commission to consider the report of bureau vocational specialist Rod Metcalf. The commission’s order lists reports reviewed and evaluated, but omits mention of the Metcalf report. I *361disagree with the court of appeals’ finding that the commission satisfied the requirement that it indicate consideration of the Metcalf report because another vocational report makes several references to it. It is the commission’s duty to evaluate all the evidence, and it may not delegate that responsibility. See State ex rel. Hayes v. Indus. Comm. (1997), 78 Ohio St.3d 572, 577, 679 N.E.2d 295, 299; State ex rel. Fultz v. Indus. Comm. (1994), 69 Ohio St.3d 327, 631 N.E.2d 1057.

Moyer, C.J., and Douglas, J., concur in the foregoing dissenting opinion.

Reference

Full Case Name
The State ex rel. Humphrey v. Industrial Commission of Ohio
Cited By
2 cases
Status
Published