The Supreme Court of Ohio issued a decision in the Manpower of Dayton, Inc. v. Indus. Comm., et al. in favor of the claimant, upholding the Industrial Commission’s Order awarding claimant PTD compensation.
Claimant provided medical evidence indicating she was totally disabled as a direct result of her impairments from her industrial injury based on the allowed conditions. The Industrial Commission also had claimant examined, and it was determined that claimant had reached maximum medical improvement and was incapable of engaging in sustained remunerative employment.
It does not appear from the record that the employer submitted any medical evidence of its own to contradict the medical evidence offered by claimant and the Industrial Commission. Instead, the employer attempted to argue the opinions were legally insufficient.
The Supreme Court of Ohio disagreed, finding the Industrial Commission is the sole evaluator regarding the weight and credibility of the evidence. The employer’s request for a writ of mandamus was denied.
Sue Wetzel of OMA counsel, Bricker & Eckler, provides more about the case. 11/29/2016