State ex rel. Davakis v. Gen. Fireproofing Co.

Ohio Supreme Court

State ex rel. Davakis v. Gen. Fireproofing Co.

1998 Ohio 64, 83 Ohio St. 3d 350

CourtOhio Supreme Court

DecidedOctober 14, 1998

Docket1997-1549

StatusPublished

This text of 1998 Ohio 64 (State ex rel. Davakis v. Gen. Fireproofing Co.) 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.

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State ex rel. Davakis v. Gen. Fireproofing Co., 1998 Ohio 64, 83 Ohio St. 3d 350 (Ohio 1998).

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[This opinion has been published in Ohio Official Reports at 83 Ohio St.3d 350.]

THE STATE EX REL. DAVAKIS, APPELLANT AND CROSS-APPELLEE, v. GENERAL FIREPROOFING COMPANY ET AL.; INDUSTRIAL COMMISSION OF OHIO, APPELLEE AND CROSS-APPELLANT. [Cite as State ex rel. Davakis v. Gen. Fireproofing Co., 1998-Ohio-64.] Workers’ compensation—Court of appeals’ judgment affirmed. (No. 97-1549—Submitted August 19, 1998—Decided October 14, 1998.) APPEAL and CROSS-APPEAL from the Court of Appeals for Franklin County, No. 96APD01-34. __________________ Green, Haines, Sgambati, Murphy & Macala Co., L.P.A., Ronald E. Slipski and Steven L. Paulson, for appellant and cross-appellee. Betty D. Montgomery, Attorney General, and Cecille Caluya Harris, Assistant Attorney General, for appellee and cross-appellant. __________________ {¶ 1} The judgment of the court of appeals is affirmed consistent with the opinion of the court of appeals. {¶ 2} MOYER, C.J., PFEIFER, COOK and LUNDBERG STRATTON, JJ., concur. DOUGLAS, RESNICK and F.E. SWEENEY, JJ., dissent. __________________ ALICE ROBIE RESNICK, J., dissenting. {¶ 3} I would reverse the judgment of the court of appeals on the issue of permanent total disability (“PTD”), since there is no credible evidence supporting a finding that claimant is capable of any sustained remunerative employment. I would, however, return the cause to the commission to adequately consider and explain the issue of whether claimant’s retirement was voluntary, with instructions SUPREME COURT OF OHIO

that if claimant’s retirement is found to be injury-induced, an order granting compensation for PTD shall be entered. {¶ 4} I would affirm on the issue of temporary total disability pursuant to State ex rel. Russell v. Indus. Comm. (1998), 82 Ohio St.3d 516, 696 N.E.2d 1069. DOUGLAS and F.E. SWEENEY, JJ., concur in the foregoing dissenting opinion. __________________

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[This opinion has been published in Ohio Official Reports at 83 Ohio St.3d 350.]

THE STATE EX REL. DAVAKIS, APPELLANT AND CROSS-APPELLEE, v. GENERAL FIREPROOFING COMPANY ET AL.; INDUSTRIAL COMMISSION OF OHIO, APPELLEE AND CROSS-APPELLANT. [Cite as State ex rel. Davakis v. Gen. Fireproofing Co., 1998-Ohio-64.] Workers’ compensation—Court of appeals’ judgment affirmed. (No. 97-1549—Submitted August 19, 1998—Decided October 14, 1998.) APPEAL and CROSS-APPEAL from the Court of Appeals for Franklin County, No. 96APD01-34. __________________ Green, Haines, Sgambati, Murphy & Macala Co., L.P.A., Ronald E. Slipski and Steven L. Paulson, for appellant and cross-appellee. Betty D. Montgomery, Attorney General, and Cecille Caluya Harris, Assistant Attorney General, for appellee and cross-appellant. __________________ {¶ 1} The judgment of the court of appeals is affirmed consistent with the opinion of the court of appeals. {¶ 2} MOYER, C.J., PFEIFER, COOK and LUNDBERG STRATTON, JJ., concur. DOUGLAS, RESNICK and F.E. SWEENEY, JJ., dissent. __________________ ALICE ROBIE RESNICK, J., dissenting. {¶ 3} I would reverse the judgment of the court of appeals on the issue of permanent total disability (“PTD”), since there is no credible evidence supporting a finding that claimant is capable of any sustained remunerative employment. I would, however, return the cause to the commission to adequately consider and explain the issue of whether claimant’s retirement was voluntary, with instructions SUPREME COURT OF OHIO

that if claimant’s retirement is found to be injury-induced, an order granting compensation for PTD shall be entered. {¶ 4} I would affirm on the issue of temporary total disability pursuant to State ex rel. Russell v. Indus. Comm. (1998), 82 Ohio St.3d 516, 696 N.E.2d 1069. DOUGLAS and F.E. SWEENEY, JJ., concur in the foregoing dissenting opinion. __________________

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