State ex rel. Evenflo Juvenile Furniture Co. v. Hinkle

742 N.E.2d 124, 91 Ohio St. 3d 74
CourtOhio Supreme Court
DecidedFebruary 28, 2001
DocketNo. 98-126
StatusPublished
Cited by8 cases

This text of 742 N.E.2d 124 (State ex rel. Evenflo Juvenile Furniture Co. v. Hinkle) 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. Evenflo Juvenile Furniture Co. v. Hinkle, 742 N.E.2d 124, 91 Ohio St. 3d 74 (Ohio 2001).

Opinion

Per Curiam.

Appellant-claimant Glenn Hinkle injured his back in 1981, while in the course of and arising from his employment with appellee, Evenflo Juvenile Furniture Company, Inc., and a workers’ compensation claim was allowed. After initially missing time from work because of his injury, claimant eventually returned after surgery. In 1986, however, he reinjured his back and has not been able to work since.

In 1992, Dr. Francis F. Paul confirmed that claimant had significant lifting restrictions and could never return to his job as an electrician. Two years later, Dr. Donald R. Eck concluded that claimant was permanently and totally disabled. A vocational assessment from Dr. Robert A. MacGuffie and Karen J. MacGuffie stated that claimant’s nonmedical profile hindered his ability to do even light work.

Claimant eventually asked the Industrial Commission of Ohio to determine his percentage of permanent partial disability. The commission assessed a twenty-five percent permanent partial disability. Given the option of receiving his compensation as a lump sum permanent partial disability award under former R.C. 4123.57(B) or as biweekly impaired earning capacity (“IEC”) benefits under former R.C. 4123.57(A), claimant chose the latter.

Claimant’s selection generated a hearing before a district hearing officer (“DHO”). There, the DHO granted IEC compensation:

“Claimant is awarded an impairment of earning capacity * * *.

“Pre-injury earning capacity is set at the average weekly wage of $755.65.

“Post-injury earning capacity is set at zero.

[75]*75“Claimant has restrictions of no lifting in excess of fifteen pounds and no sitting or standing in one position for more than thirty minutes based on the reports of Doctors Paul, MacGuffie and Eck and [compensation is] to continue upon submission of [evidence] documenting wage impairment * * *.

“Claimant’s age (67), education thru twelfth grade and work experience as a certified electrician only were taken into consideration in reaching this decision.”

That order was affirmed.

Evenflo commenced a mandamus action in the Court of Appeals for Franklin County, alleging that the commission had abused its discretion in awarding IEC benefits. The court of appeals agreed, finding that without proof of a job search, claimant could not receive IEC.

This cause is now before this court upon an appeal as of right.

A single question is before us: Must a claimant who cannot perform sustained remunerative employment nevertheless engage in a job search as a prerequisite to IEC eligibility? For the reasons to follow, we answer in the negative.

In advocating a job search requirement, Evenflo relies on the tenet that IEC cannot be paid absent a postinjury desire to work. State ex rel. CPC Group v. Indus. Comm. (1990), 53 Ohio St.3d 209, 559 N.E.2d 1330. Evenflo cites four cases in support of its position: CPC; State ex rel. Pauley v. Indus. Comm. (1990), 53 Ohio St.3d 263, 559 N.E.2d 1333; State ex rel. McEndree v. Consolidation Coal Co. (1994), 68 Ohio St.3d 325, 626 N.E.2d 674; and State ex rel. Mathess v. Wheeling-Pittsburgh Steel Corp. (1994), 68 Ohio St.3d 205, 625 N.E.2d 604. The last two are quickly distinguished because the claimants, unlike Hinkle, left their former positions of employment for reasons unrelated to their injury. Equally fatal to Evenflo’s reliance is the fact that neither case said or implied that a job search was prerequisite to an affirmative finding of a postinjury desire to work. To the contrary, neither the term “job search” nor any like phrase appeared in McEndree or Mathess.

CPC and Pauley established the principle that a postinjury desire to work must exist. Like McEndree and Mathess, neither case referred or alluded to a job search. Unlike those cases, they have been cited as authority in a recent decision that does suggest the necessity of such an endeavor.

In State ex rel. Matheney v. Cent. Ohio Coal Co. (2000), 88 Ohio St.3d 50, 723 N.E.2d 570, claimant challenged an IEC denial that read:

“ ‘[I]n light of the claimant’s testimony at hearing that it is his belief that he cannot physically perform any sustained employment, claimant’s testimony that he has not sought other work since his disability retirement in 1993 and the fact that the claimant is receiving Social Security Disability Benefits and disability retirement benefits, the [DHO] finds claimant has not demonstrated a desire to earn since he last worked.’ ” (Emphasis added.) Id. at 51, 723 N.E.2d at 571.

[76]*76We affirmed, citing CPC and Pauley. We stressed the necessity of a desire to earn and implied that the lack of a job search can indicate the absence of that desire. The question is whether Matheney additionally declared a job search to be mandatory.

In contrast to Matheney is State ex rel. Mt. Carmel Health v. Forte (1992), 65 Ohio St.3d 335, 603 N.E.2d 1014. There, claimant’s allowed conditions permitted sedentary work. Because this capability existed, the employer argued that earning capacity had not been diminished.

We disagreed, finding that the employer’s position ignored the claimant’s nonmedical disability factors, which, when combined with her medical condition, removed her from the labor market. We distinguished CPC and Pauley, stating that causal relationship in Forte was not an issue, since, unlike Pauley and CPC, there was no evidence that claimant’s postinjury inability to earn was due to reasons unrelated to her disability. As we explained:

“There is no need to speculate on causal relationship in the case at bar. Again, medical evidence established that claimant could not return to her former job. Nonmedical evidence established that there were no jobs consistent with claimant’s physical restrictions for which she is educationally or vocationally prepared. When claimant lost her ability to return to her old job due to the injury, she concomitantly lost her ability to earn wages due to injury.” Id. at 338, 603 N.E.2d at 1016.

At first glance, Forte and Matheney appear to take similarly situated claimants in opposite directions. Both seem to involve claimants who cannot perform sustained remunerative employment, and while the former did not require affirmative proof of a desire to earn, the latter found the lack thereof decisive. Closer examination, however, shows that the two cases are distinct.

Matheney is conspicuous for its lack of medical evidence indicating that claimant could do no work — evidence that was the cornerstone of the court’s decision in Forte. In Matheney,

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Related

State Ex Rel. Swords v. Industrial Commission
784 N.E.2d 204 (Ohio Court of Appeals, 2003)
State ex rel. Coulter v. Indus. Comm.
2001 Ohio 33 (Ohio Supreme Court, 2001)
State ex rel. Coulter v. Industrial Commission
744 N.E.2d 705 (Ohio Supreme Court, 2001)
State ex rel. Evenflo Juv. Furniture Co. v. Hinkle
2001 Ohio 239 (Ohio Supreme Court, 2001)

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Bluebook (online)
742 N.E.2d 124, 91 Ohio St. 3d 74, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-evenflo-juvenile-furniture-co-v-hinkle-ohio-2001.