State ex rel. Pilarczyk v. Geauga County

The Supreme Court affirmed the judgment of the court of appeals ordering the Industrial Commission of Ohio to vacate its order denying the request of Joshua Pilarczyk for permanent total disability (PTD) compensation, holding that the court of appeals erred in relying on the report of Dr. Kenneth Gruenfeld in making its decision.Dr. Gruenfeld undertook an independent psychological evaluation of Pilarczyk at the request of the Bureau of Workers' Compensation and then issued a report stating that Pilarczyk was likely able to perform sustained remunerative employment despite his psychological disability. The Commission denied Pilarczyk's request for PTD compensation based in part on Dr. Gruenfeld's report. The court of appeals concluded that the Commission abused its discretion by denying PTD compensation based on Dr. Gruenfeld's report and issued a writ of mandamus ordering the Commission to vacate its order denying PTD compensation. The Supreme Court affirmed, holding that Dr. Gruenfeld's report was equivocal and ambiguous, and therefore, it did not constitute "some evidence" in support of the Commission's determination that Pilarczyk could engage in sustained remunerative employment. View "State ex rel. Pilarczyk v. Geauga County" on Justia Law