Opinion

State ex rel. Anderson v. Industrial Commission

  • 62 Ohio St. 2d 166
  • 16 Ohio Op. 3d 199
  • 404 N.E.2d 153
  • 1980 Ohio LEXIS 714
Court
Ohio Supreme Court
Filed
May 14, 1980
Status
Published
On the bench
Brown, Celebrezze, Herbert, Holmes, Locher, Sweeney
Cited by
43 cases
Authority
More cited than 99.5%

Overruled on other grounds by State ex rel. Burley v. Coil Packing, Inc., 31 Ohio St. 3d 18 (1987)

Later courts went against this

  • Overruled on other grounds by State ex rel. Burley v. Coil Packing, Inc., 31 Ohio St. 3d 18 (1987)

    (1980), 62 Ohio St.2d 166, 16 O.O.3d 199, 404 N.E.2d 153, overruled on other grounds in State ex rel. Burley v. Coil Packing, Inc. (1987), 31 Ohio St.3d 18, 31 OBR 70, 508 N.E.2d 936;
    Ohio Supreme CourtJun 3, 19872 citing opinionsother groundsRead it

The opinion

Per Curiam.

Appellant alleges, in her sole proposition of law, that the reports of the examining physicians who do not evaluate all the conditions allowed in her workers’ compensation claim cannot be considered evidence upon which the Industrial Commission could base its order finding that she is not permanently and totally disabled.

While it may not always be necessary that the physicians evaluate every condition allowed in a claim, we do find that where the issue before the commission is whether a claimant is permanently and totally disabled on account of the combined effect of two or more allowed conditions, medical testimony not evaluating the combined effect of those conditions cannot constitute evidence that the claimant is not permanently and totally disabled. The only evidence here which evaluated the *169 combined effect of the two conditions indicated that appellant was permanently and totally disabled. Therefore, since there is no evidence upon which the commission could have based its conclusion that appellant is not permanently and totally disabled, mandamus becomes appropriate. See State, ex rel. Wallace, v. Indus. Comm. (1979), 57 Ohio St. 2d 55, 58 .

Accordingly, the judgment of the Court of Appeals must be reversed and the writ of mandamus is allowed.

Judgment reversed and writ allowed.

Celebrezze, C. J., Herbert, W. Brown, P. Brown, Sweeney and Locher, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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