SW Legal Educational Publishing

Disability Award Must Be Based on Medical Evidence
Description Ohio Industrial Commission awarded a worker temporary total disability with no basis for accepting the alleged disability. The Ohio high court held the award to be an abuse of discretion since no medical evidence was presented to support the claim.
Topic Employment Law
Key Words Workers' Compensation, Temporary Disability, Evidence
C A S E   S U M M A R Y
Facts A driver for Yellow Freight was injured in January. His workers' compensation claim was recognized for "lumbosacral strain." In September, he applied retroactively to reactivate his claim, seeking temporary total disability (TTD) compensation to cover a period from July to August. The Industrial Commission awarded him the compensation requested. Yellow Freight appealed that there was no medical evidence to show that the January condition still existed later in the year.
Court of Appeals Decision Reversed. "An Industrial Commission TTD award is an abuse of discretion for which mandamus is the remedy where no evidence of record establishes the claimant's eligibility." "Without medical evidence, the commission has no basis to determine the cause of a medical condition--it simply does not have the expertise."
Citation State ex rel. Yellow Freight System, Inc. v. Industrial Commission of Ohio, 689 N.E.2d 30 (Sup. Ct., Ohio, 1998)

Back to the Employment Law Listing.

©1997  South-Western, All Rights Reserved