State ex rel. Wyrick v. Indus. Comm’n of Ohio

Appellant was injured while working for Employer. Appellant’s workers’ compensation claim was allowed for a dislocated left shoulder and a torn left rotator cuff, among other injuries. Appellant later requested compensation for the scheduled loss of use of his left upper extremity. The Industrial Commission denied Appellant’s request for benefits by relying on the report of Dr. D. Ann. Middaugh as evidence that Appellant had retained some use of his left arm. Appellant filed a complaint for a writ of mandamus alleging that the Commission’s finding as an abuse of discretion. The court of appeals denied the writ, concluding that Dr. Middaugh’s report was some evidence upon which the Commission could rely to deny scheduled loss compensation. The Supreme Court reversed, holding that Appellant was entitled to an award for the scheduled loss of his left arm because (1) Dr. Middaugh’s findings were not consistent with her ultimate conclusion, and consequently, Dr. Middaugh’s report could not be some evidence supporting the Commission’s decision to deny an award for loss of use; and (2) the only other report submitted for consideration with Appellant’s loss-of-uses award stated that, for all practical purposes, Appellant had lost the function of his left arm. View "State ex rel. Wyrick v. Indus. Comm'n of Ohio" on Justia Law