# State ex rel. Hay v. Industrial Commission

> Ohio Supreme Court · June 27, 1990 · 52 Ohio St. 3d 99

URL: https://www.frixlaw.com/law-library/cases/6762489

## Case

- **Full name:** The State, ex rel. Hay v. Industrial Commission of Ohio
- **Court:** Ohio Supreme Court
- **Decided:** June 27, 1990
- **Citations:** 52 Ohio St. 3d 99; 555 N.E.2d 965; 1990 Ohio LEXIS 260
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Brown, Douglas, Holmes, Moyer, Resnick, Sweeney, Wright
- **Cited by:** 5 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/6762489

## Opinion text

Per Curiam.
We are again asked to review the commission’s order for “some evidence” pursuant to State, ex rel. Burley, v. Coil Packing, Inc. (1987), 31 Ohio St. 3d 18 , 31 OBR 70, 508 N.E. 2d 036 . Confining our examination to the evidence cited in the commission’s order, we find no evidence to support its decision.
Dr. Combs’ September 25, 1984 and September 30, 1986 reports attribute appellee’s disability exclusively to his 1975 claim. Similarly, Dr. Katz acknowledges all the allowed conditions, but bases his conclusion essentially on symptoms and restrictions that relate to the later injury.
We reject the suggestion that the prior thirty-five-percent permanent partial disability award in the 1971 claim is some evidence supporting the commission’s allocation. As we have often stated, a permanent total disability is not measured numerically but is instead based on the claimant’s ability to engage in sustained remunerative employment. State, ex rel. Jennings, v. Indus. Comm. (1982), 1 Ohio St. 3d 101 , 1 OBR 135, 438 N.E. 2d 420 .
For the reasons set forth above, the judgment of the appellate court is 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/6762489. Public record. Not legal advice.