# State ex rel. Cassity v. Montgomery County Department of Sanitation

> Ohio Supreme Court · February 21, 1990 · 49 Ohio St. 3d 47

URL: https://www.frixlaw.com/law-library/cases/6762205

## Case

- **Full name:** The State, ex rel. Cassity v. Montgomery County Department of Sanitation
- **Court:** Ohio Supreme Court
- **Decided:** February 21, 1990
- **Citations:** 49 Ohio St. 3d 47; 550 N.E.2d 474; 1990 Ohio LEXIS 66
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Brown, Douglas, Holmes, Moyer, Resnick, Sweeney, Wright
- **Cited by:** 7 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6762205

## Opinion text

Per Curiam.
In the case at bar, the commission denied compensation for temporary total disability. Per State, ex rel. Burley, v. Coil Packing, Inc. (1987), 31 Ohio St. 3d 18 , 31 OBR 70, 508 N.E. 2d 936 , this decision must be supported by “some evidence.” Our review reveals “some evidence” supporting the denial.
In State, ex rel. Ramirez, v. Indus. Comm. (1982), 69 Ohio St. 2d 630 , 23 O.O. 3d 518, 433 N.E. 2d 586 , we held that permanent disability precludes receipt of temporary total compensation. In February 1982, Dr. Pavlatos concluded that appellant had a “poor prognosis for any improvement.” We find that this assessment comports with the definition of “permanency” set forth in Vulcan Materials Co. v. Indus. Comm. (1986), 25 Ohio St. 3d 31 , 25 OBR 26, 494 N.E. 2d 1125 . There is thus “some evidence” supporting denial of compensation for temporary total disability.
For the reasons set forth above, the judgment of the court of appeals is hereby affirmed.
Judgment affirmed.
Moyer, C.J., Sweeney, Holmes, Douglas, Wright, H. Brown and Resnick, JJ., concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6762205. Public record. Not legal advice.