Opinion
No. 86-1620
Decided January 6, 1988.
Workers' compensation — Finding of no permanent and total disability supported by some evidence, when.
APPEAL from the Court of Appeals for Franklin County.
On April 30, 1969, appellant, Robert Yerian, was injured while working in the scope of his employment with the city of Jackson. Appellant timely filed an application for workers' compensation benefits and the claim was eventually recognized by the Industrial Commission for injury to "[r]ight knee; anxiety neurosis with conversion." On August 6, 1982, appellant filed an application requesting that he be declared permanently and totally disabled, in accordance with R.C. 4123.58. In support of this application, appellant submitted the report (on a C-84 form) of his then attending physician, Dr. Robert A. Williams, who stated that appellant was permanently and totally disabled due to a combination of physical and psychiatric conditions.
On October 12, 1982, appellant was examined by Dr. Robert L. Turton, an Industrial Commission specialist. Dr. Turton examined appellant specifically in reference to the psychiatric condition and found the present impairment attributable to this condition to be in the range of ten percent.
Also, on this date, appellant was examined by Dr. William J. McCloud, another commission specialist. Dr. McCloud examined appellant in regard to his orthopedic condition and concluded that it would account for a five percent permanent impairment of the body as a whole.
On January 31, 1985, the commission held that appellant was not permanently and totally disabled and denied his application for such compensation. The commission stated that this decision was based particularly on the medical reports of Drs. Turton and McCloud, the evidence in the file and the evidence adduced at the hearing.
On July 26, 1985, appellant initiated this action for a writ of mandamus in the Court of Appeals for Franklin County seeking to compel the commission to find that appellant is entitled to permanent and total disability benefits. On August 14, 1986, the court of appeals denied appellant's requested writ of mandamus.
The cause is now before this court upon an appeal as of right.
Michael J. Muldoon, for appellant.
John L. Detty, law director, for appellee city of Jackson.
Anthony J. Celebrezze, Jr., attorney general, and Jeffery W. Clark, for appellee Industrial Commission.
The crux of this appeal involves appellant's assertions that the commission wrongfully relied upon the reports of Drs. Turton and McCloud and that the only qualified evidence before the commission was the report of appellant's treating physician, Dr. Williams, which supported appellant's prayer for permanent and total disability compensation. Appellant supports these claims by citing State, ex rel. Anderson, v. Indus. Comm. (1980), 62 Ohio St.2d 166, 16 O.O. 3d 199, 404 N.E.2d 153. In Anderson, this court established an evidentiary rule which prevented the commission from relying on any medical evidence that did not evaluate the combined effect of all the claimant's recognized conditions.
Appellant's reliance on Anderson is no longer valid. In State, ex rel. Burley, v. Coil Packing, Inc. (1987), 31 Ohio St.3d 18, 31 OBR 70, 508 N.E.2d 936, this court specifically overruled the Anderson decision and abandoned the combined-effect evidentiary standard announced therein, by holding:
"This court's role in the review of mandamus actions challenging the Industrial Commission's decision as to the extent of disability in cases involving multiple allowed conditions shall henceforth be limited to a determination as to whether there is some evidence in the record to support the commission's stated basis for its decision." Burley, supra, syllabus.
In this case, the commission's denial of appellant's application for permanent and total disability compensation was premised particularly upon the reports of Drs. Turton and McCloud. Dr. Turton estimated that appellant's psychological impairment was in the range of ten percent and Dr. McCloud estimated appellant's orthopedic impairment at five percent. We find that these reports constitute some evidence to support the commission's determination that appellant is not permanently and totally disabled and affirm the judgment of the court of appeals.
Judgment affirmed.
MOYER, C.J., SWEENEY, HOLMES, DOUGLAS, WRIGHT and H. BROWN, JJ., concur.
LOCHER, J., concurs in judgment only.