Opinion
No. 86-1210
Submitted May 8, 1990 —
Decided July 18, 1990.
Workers' compensation — Temporary total disability compensation eligibility established where temporary injury-induced disability prevents a non-working claimant from returning to his former position of employment.
APPEAL from the Court of Appeals for Franklin County, No. 85AP-338.
Claimant-appellant, David W. Burnsworth, received workers' compensation benefits in an industrial injury claim. He subsequently filed a motion with appellee, Industrial Commission of Ohio ("commission"), for the additional allowance of a psychiatric condition and for unspecified compensation. Dr. John M. Showalter's report accompanied the motion and discussed a reduction in appellant's general ability to work. It did not, however, specifically address appellant's ability to return to his former position of employment.
Appellant was examined by commission specialist Dr. Thomas G. DiMauro, who eventually became his attending physician. Dr. DiMauro attributed appellant's psychiatric condition to the industrial injury and assessed a twenty-five percent temporary partial psychiatric disability. Five months later, Dr. DiMauro noted a twenty-five to thirty percent permanent partial disability.
On November 4, 1983, a commission district hearing officer granted the additional allowance and awarded temporary partial compensation, finding:
"* * * [T]hat this additional allowance does not render the claimant temporarily and totally disabled but temporarily and partially disabled at a 25% impairment * * *.
"Based on the medical reports of Drs. Showalter and DiMauro * * *."
Appellant both appealed that order and filed a claim reactivation form (C-85-A) that sought temporary total compensation from March 17, 1983 to January 1, 1985. The C-85-A was jointly completed by appellant and Dr. DiMauro. The latter completed his portion on January 31, 1984, stating that appellant could not at that time return to his former position of employment due to the allowed psychiatric condition. He did not, however, complete line 7(a), which directed the doctor to specify periods of temporary total disability.
Commission staff hearing officers eventually affirmed the November 4, 1983 district hearing officer's order. Two months later, a different district hearing officer denied appellant's C-85-A, except as to medical treatment.
Appellant filed a complaint in mandamus in the Court of Appeals for Franklin County, alleging that the commission abused its discretion by denying temporary total disability compensation. Shortly thereafter, the regional board affirmed the district hearing officer's order denying the C-85-A. There is no evidence that appellant appealed from the board's decision. Appellant's request for a writ of mandamus was denied.
Appellant now appeals to this court as of right.
Agee, Clymer Morgan Co., L.P.A., and Phillip J. Fulton, for appellant.
Anthony J. Celebrezze, Jr., attorney general, Janet E. Jackson and Jeffery W. Clark, for appellee.
Temporary total disability compensation eligibility is established where a temporary injury-induced disability prevents a non-working claimant from returning to his or her former position of employment. State, ex rel. Ramirez, v. Indus. Comm. (1982), 69 Ohio St.2d 630, 23 O.O. 3d 518, 433 N.E.2d 586. In the case at bar, the commission found no evidence supporting appellant's alleged temporary total disability. We agree.
Dr. Showalter's report and Dr. DiMauro's March 17, 1983 and August 31, 1983 reports do not support temporary total disability since they do not state that appellant could not resume his former duties. Dr. DiMauro's January 31, 1984 opinion, on the other hand, indicates that appellant could not return at that time, but does not attribute that inability to a temporary disability. Given a contemporaneous opportunity to specifically indicate a period of temporary disability, Dr. DiMauro declined to do so.
Accordingly, the judgment of the court of appeals is affirmed.
Judgment affirmed.
MOYER, C.J., SWEENEY, HOLMES, DOUGLAS, WRIGHT, H. BROWN and RESNICK, JJ., concur.