State ex rel. Boyd v. Scotts Miracle-Gro Co. (Slip Opinion)

2016 Ohio 1508, 50 N.E.3d 548, 146 Ohio St. 3d 3
CourtOhio Supreme Court
DecidedApril 13, 2016
Docket2015-1023
StatusPublished

This text of 2016 Ohio 1508 (State ex rel. Boyd v. Scotts Miracle-Gro Co. (Slip Opinion)) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. Boyd v. Scotts Miracle-Gro Co. (Slip Opinion), 2016 Ohio 1508, 50 N.E.3d 548, 146 Ohio St. 3d 3 (Ohio 2016).

Opinion

Per Curiam.

{¶ 1} Relator-appellant, Robert Boyd, appeals the judgment of the Tenth District Court of Appeals denying his complaint for a writ of mandamus that would require the Industrial Commission to award him permanent-total-disability compensation.

*4 {¶ 2} We find that the commission’s order was supported by evidence in the record. Therefore, the commission did not abuse its discretion when it denied Boyd’s request, and we affirm the judgment of the court of appeals.

{¶ 3} Boyd retired from the Scotts Miracle-Gro Company (“Scotts”) in 1983. He filed a claim for workers’ compensation benefits that was allowed in 2005 for asbestosis in both lungs. In 2013, Boyd applied for permanent-total-disability benefits, and he submitted a report from Marissa Mertz, M.D., in support of his application. Dr. Mertz had conducted an independent medical evaluation of Boyd for purposes of determining permanent and total disability. She was not his treating physician.

{¶ 4} Robert F. Shadel, M.D., reviewed the claim file on behalf of Scotts. Herbert A. Grodner, M.D., a board-certified pulmonologist, examined Boyd on behalf of the commission. He concluded that Boyd had a mild restrictive impairment from the asbestosis that would not prevent Boyd from performing light work.

{¶ 5} Following a hearing, a staff hearing officer at the commission denied Boyd’s application based on the medical reports of Dr. Shadel and Dr. Grodner and the hearing officer’s analysis of Boyd’s vocational-disability factors.

{¶ 6} Boyd filed a complaint seeking a writ of mandamus that would require the commission to vacate its decision. The court of appeals denied the writ.

{¶ 7} This matter is before this court on Boyd’s appeal as of right.

{¶ 8} Permanent total disability is the “inability to perform sustained remunerative employment due to the allowed conditions in the claim.” Ohio Adm.Code 4121 — 3—34(B)(1); see also State ex rel. Guthrie v. Indus. Comm., 133 Ohio St.3d 244, 2012-Ohio-4637, 977 N.E.2d 643, ¶ 8. Mandamus is the appropriate means to challenge the commission’s determination of a claimant’s extent of' disability. State ex rel. Liposchak v. Indus. Comm., 90 Ohio St.3d 276, 278, 737 N.E.2d 519 (2000).

{¶ 9} The party challenging the decision must demonstrate that the commission abused its discretion by entering an order not supported by any evidence in the record. State ex rel. Burley v. Coil Packing, Inc., 31 Ohio St.3d 18, 20, 508 N.E.2d 936 (1987). This court’s role in reviewing mandamus actions challenging the commission’s decision is limited to determining whether there is some evidence in the record to support the commission’s stated basis for its decision. Id.

{¶ 10} Boyd maintains that the commission abused its discretion when it relied on the report of Dr. Grodner. According to Boyd, Dr. Grodner was not qualified to give an opinion because he did not take X-rays of Boyd and he was not certified as a “B reader” with specialized training to interpret the X-rays, a *5 requirement for asbestosis claims under Industrial Commission Resolution No. R03-1-02. Boyd also contends that even if Dr. Grodner’s report is competent evidence, the commission abused its discretion when it did not rely on the vocational evidence in the record, including a report from consultant Molly Williams, which supported a finding of permanent total disability.

{¶ 11} Boyd’s arguments fail because (1) Resolution No. R03-1-02 does not apply here, (2) Dr. Grodner’s report was evidence that supported the commission’s decision, and (3) the commission performed its own analysis of the vocational factors and was not required to accept Williams’s findings.

{¶ 12} Dr. Grodner, a board-certified physician in pulmonology and internal medicine, conducted an independent medical examination of Boyd to determine the extent of permanent total disability. In his report, Dr. Grodner stated that he had reviewed Boyd’s medical records, including CT scans and X-rays, and had conducted a physical examination and pulmonary-function studies. He concluded that Boyd was only minimally impaired as a result of his asbestosis.

{¶ 13} Boyd takes issue with the fact that Dr. Grodner did not take X-rays and is not a certified B reader who could provide the written interpretation required by Resolution No. R03-1-02 for a specialist to give an opinion on disability related to asbestos. Boyd’s argument misinterprets the resolution.

{¶ 14} Resolution No. R03-1-02 relates to the medical evidence necessary to support a claim for an asbestos-related condition. It requires the injured worker to initially produce medical evidence when an asbestos-related claim is being made and prior to adjudication of a claim if and when it is contested. Resolution No. R03-1-02 states that

it is the policy of the Commission that, at a minimum, the following evidence is necessary to he submitted by the injured worker prior to the referral of the claim to the Administrator for an examination by a qualified medical specialist pursuant to the provisions of Section 4123.68 of the Ohio Revised Code concerning claims for asbestosis, * * *, and at a minimum, the following evidence is also necessary to be submitted by an injured worker prior to the adjudication of a contested claim filed for any asbestos-related occupational disease, other than mesothelioma:
• A written interpretation of x-rays by a certified “B reader.”
• Pulmonary functions studies and interpretation by a licensed physician.
• An opinion of causal relationship by a licensed physician.

*6 (Emphasis added.)

{¶ 15} The requirements of Resolution No. R03-1-02 apply to the initial diagnosis and claim allowance of asbestosis. Anders v. Powertrain Div., Gen. Motors Corp., 157 Ohio App.3d 815, 2004-Ohio-2469, 813 N.E.2d 923, ¶ 25 (3d Dist.). Boyd’s claim for asbestosis was already allowed and is not being contested; thus, Dr. Grodner was not performing the mandatory examination as a qualified medical specialist to diagnose an occupational disease identified in R.C. 4123.68. Moreover, Resolution No. R03-1-02 requires the injured worker to submit the necessary medical evidence. For these reasons, Resolution No. R03-1-02 does not apply to the report of Dr. Grodner. Consequently, Boyd fails to demonstrate that the commission abused its discretion when it relied on Dr.' Grodner’s report as evidence supporting its order denying permanent-total-disability benefits.

{¶ 16} Boyd also maintains that the hearing officer was required to rely on the vocational evidence in the record, such as his advanced age of 90 and the fact that he no longer drives.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State Ex Rel. Guthrie v. Industrial Commission
2012 Ohio 4637 (Ohio Supreme Court, 2012)
Anders v. Powertrain Division, General Motors Corp.
813 N.E.2d 923 (Ohio Court of Appeals, 2004)
State ex rel. Burley v. Coil Packing, Inc.
508 N.E.2d 936 (Ohio Supreme Court, 1987)
State ex rel. Moss v. Industrial Commission
662 N.E.2d 364 (Ohio Supreme Court, 1996)
State ex rel. Ehlinger v. Industrial Commission
667 N.E.2d 1210 (Ohio Supreme Court, 1996)
State ex rel. Jackson v. Industrial Commission
680 N.E.2d 1233 (Ohio Supreme Court, 1997)
State ex rel. Liposchak v. Industrial Commission
737 N.E.2d 519 (Ohio Supreme Court, 2000)

Cite This Page — Counsel Stack

Bluebook (online)
2016 Ohio 1508, 50 N.E.3d 548, 146 Ohio St. 3d 3, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-boyd-v-scotts-miracle-gro-co-slip-opinion-ohio-2016.