Justia Ohio Supreme Court Opinion Summaries

Employee was injured in an industrial accident in 1987. The last injury-related bill submitted to either self-insured Employer or its third-party administrator (collectively, Employer) was paid in 1997. In 2008, Employee asked Employer to authorize further treatment. Employer denied the request, relying on former Ohio Rev. Code 4123.52, under which claim inactivity in excess of ten years permanently closed a worker's compensation claim. In an effort to toll the statute, Employee revived an issue relating to a 1998 doctor's visit and requested a hearing on the payment of that outstanding bill. An Industrial Commission staff hearing officer ordered Employer to pay the outstanding bill. The court of appeals vacated the decision and directed the Commission to issue a new order denying payment of the bill. The Supreme Court affirmed, holding that the Commission abused its discretion in ordering the bill to be paid because the visit related to a low-back condition that was not allowed in Employee's claim and there was no evidence establishing a potential connection between Employee's 1987 injury and his 1998 back symptoms. View "State ex rel. Sears Roebuck & Co. v. Indus. Comm'n" on Justia Law

Appellant suffered an industrial injury and never returned to any type of employment. Appellant filed for permanent total disability compensation (PTD) six years later. The Industrial Commission of Ohio denied Appellant's application in an order that emphasized Appellant's refusal to participate in vocational rehabilitation. Appellant filed a complaint in mandamus in the court of appeals, alleging that the Commission had abused its discretion in denying PTD. The court of appeals concluded that the Commission did not abuse its discretion in deciding to hold Appellant accountable for his failure to participate in vocational rehabilitation when there was no evidence that he would not benefit from such services. The Supreme Court affirmed, concluding that (1) contrary to Appellant's suggestion, illiterate persons are neither unemployable nor, once injured, inherently permanently and totally disabled; and (2) Appellant was medically capable of sustained remunerative employment, so his rehabilitation potential was germane to the analysis. View "State ex rel. Gonzales v. Morgan" on Justia Law

Employee suffered an industrial injury and received surgery on his right shoulder, after which Employee returned to work for self-insured Employer. Employee experienced renewed shoulder complaints four years later and asked Employer to add new shoulder conditions to Employee's workers' compensation claim and authorize surgery to correct them. Employer and the Industrial Commission denied Employee's request after finding that the proposed procedure was unrelated to the conditions allowed in Employee's workers' compensation claim. At issue on appeal was a doctor's report upon which the Commission based its decision. The court of appeals granted a limited writ in mandamus that ordered the Commission to reconsider the application after finding inconsistencies within the report. The Supreme Court reversed, concluding that none of the alleged inconsistencies noted in the doctor's report affected the viability of the doctor's opinion that further surgery was not reasonably related to the allowed conditions, and therefore, the report was evidence supporting the Commission's decision. View "State ex rel. George v. Indus. Comm'n" on Justia Law

Patrick Donohoe died from injuries sustained in a workplace accident. His widow, Catherine, filed an application for additional workers' compensation benefits, claiming that Patrick's accident resulted from his employer's violation of specific safety requirements (VSSRs) governing the construction industry. The Industrial Commission of Ohio denied her application. The court of appeals vacated the order and returned the cause to the Commission for further consideration. Both Catherine and the employer appealed. At issue on appeal was (1) whether the Commission staff hearing officer's order, which could be interpreted in different ways, was deficient; and (2) whether the Commission erred by denying Catherine's application because there were no eyewitnesses to the accident. The Supreme Court affirmed, holding (1) an order that can engender two viable, yet irreconcilable, interpretations is too ambiguous to withstand scrutiny; (2) an order that is potentially based on an erroneous belief that a VSSR cannot issue in the absence of eyewitnesses is clearly an abuse of discretion; and (3) therefore, the court of appeals was correct in returning the cause to the Commission for clarification and consideration of all the evidence. View "State ex rel. Donohoe v. Indus. Comm'n" on Justia Law

The State Employment Relations Board (SERB) appointed Kay Kingsley as an administrative law judge (ALJ), which was a classified position. Several years later, the General Assembly enacted H.B. 1, which changed the position of SERB ALJ from the classified service to the unclassified service. That same year, SERB terminated Kingsley's employment. Kingsley requested a writ of mandamus to declare H.B. 1 unconstitutional as applied to her and to order SERB to recognize her as a classified employee and to reinstate her to her former ALJ position. The court of appeals dismissed Kingsley's mandamus complaint, determining that Kingsley had an adequate remedy in the ordinary course of law by way of an administrative appeal. The Supreme Court affirmed, holding that Kingsley did not set forth a viable claim for the requested extraordinary relief in mandamus as she had an adequate remedy by way of civil-service appeal to raise her claims. View "State ex rel. Kingsley v. State Employment Relations Bd." on Justia Law

For several years, Appellant Paul Lane worked for the City. Later, the interim city manager terminated Lane's employment for disciplinary reasons. Lane subsequently submitted to the City's personnel director a request for a hearing from the City Personnel Appeals Board regarding his termination. Via letter, the City declined Lane's request. Lane filed a complaint for a writ of mandamus to compel Appellees, the City and Board, to conduct a hearing and issue a determination on the merits of his appeal, reinstate him to his position of employment, and award back pay and corresponding employment benefits. The court of appeals denied the writ, determining that Lane had an adequate remedy in the ordinary course of law by administrative appeal from the Board's decision. The Supreme Court reversed, holding that in the absence of a final, appealable order by the Board on Lane's request for a hearing, he did not have an adequate remedy by way of administrative appeal to raise his claims. Remanded. View "State ex rel. Lane v. Pickerington" on Justia Law

Employee was involuntarily separated from his employment due to disability. Employee's treating physician later certified that Employee was able to return to work, and Employee was subsequently reinstated to the payroll by Employer. Employee appealed the reinstatement order to the extent that the order did not award him back pay or credit his vacation leave from the date his treating physician certified that he could return to work to the day before he was returned to the payroll. The State Personnel Board of Review dismissed Employee's administrative appeal for lack of jurisdiction. Employee then filed a complaint for a writ of mandamus to compel Employer to remit back pay or restore vacation-leave credit. The court of appeals dismissed Employee's complaint. The Supreme Court affirmed, holding that neither Ohio Rev. Code 124.32 nor Ohio Adm. Code 123:1-30-04 required that Employer remit back pay or credit the vacation leave Employee used between the date Employee's treating physician certified that he could return to work to the day before he was returned to the payroll. View "State ex rel. Baroni v. Colletti" on Justia Law

In 1970, while working for Employer, Employee was injured. In 1989, Employee retired. In 2008, Employee applied for permanent total disability (PTD) compensation. The Industrial Commission of Ohio concluded that Employee was permanently and totally disabled without ruling on the credibility of the assertion that Employee retired because of his injury or determining whether his retirement was voluntary or involuntary. The court of appeals granted Employer a limited writ of mandamus that vacated the Commission's order and ordered the Commission to reconsider the matter. The Supreme Court affirmed the court of appeals, holding that because a voluntary retirement from the work force prior to asserting PTD precludes the payment of compensation for that disability, the court of appeals was correct in ordering further consideration of whether Employee retired because of his injury and whether his retirement was voluntary. View "State ex rel. Cinergy Corp. v. Heber" on Justia Law

Appellant Cerena Mackey was employed by the Ohio Department of Education when she suffered an industrial injury. After she retired from the workforce, Mackey filed for permanent total disability (PTD) compensation. The Industrial Commission of Ohio granted compensation to Mackey. The Department moved for reconsideration, alleging that the hearing officer had made a clear mistake of law in failing to determine whether Mackey's retirement was voluntary or involuntary. The Commission granted the motion and, after a hearing, vacated the award, finding (1) Mackey's retirement was unrelated to her injuries and was hence voluntary, and (2) Mackey's voluntary retirement foreclosed PTD compensation. Mackey filed a complaint in mandamus in the court of appeals, which the court denied. The Supreme Court affirmed, holding that the Commission did not abuse its discretion in (1) reopening the issue of Mackey's PTD eligibility in order to consider the effect of her retirement upon it, and (2) finding that Mackey's retirement was voluntary. View "State ex rel. Mackey v. Dep't of Educ." on Justia Law

Thomas Tindira was a member of Ohio Police and Fire Pension Fund (OP&F) while working as a police officer with Lakewood Police Department. Before he resigned from the department, Tindira filed his application for disability benefits with OP&F, including in his list of disabling conditions PTSD, anxiety disorder, and major depression. The OP&F board of trustees determined that Tindira was disabled but denied his claim for disability benefits. The court of appeals denied Tindira a writ of mandamus to compel appellees, OP&F and its board of trustees, to vacate the board's denial of his claim and to award him disability benefits and attorney fees. The Supreme Court reversed and granted the writ, holding that the pension fund and its board abused their discretion in denying disability benefits as Tindira had established his entitlement to the benefits. View "State ex rel. Tindira v. Ohio Police & Fire Pension Fund" on Justia Law