State Ex Rel. Fairfield City Schools v. Industrial Commission

2011 Ohio 2378, 129 Ohio St. 3d 312
CourtOhio Supreme Court
DecidedMay 24, 2011
Docket2010-0674
StatusPublished

This text of 2011 Ohio 2378 (State Ex Rel. Fairfield City Schools v. Industrial Commission) 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. Fairfield City Schools v. Industrial Commission, 2011 Ohio 2378, 129 Ohio St. 3d 312 (Ohio 2011).

Opinion

Per Curiam.

{¶ 1} Appellant, Fairfield City Schools (“Fairfield”) seeks handicap reimbursement under R.C. 4123.343(D)(2) 1 for total disability compensation awarded to one of its employees. Created in 1955, the handicap reimbursement program encourages employers to hire persons with certain mental or physical conditions that could hinder employment. R.C. 4123.343(A)(1) through (25). Am.Sub.H.B. No. 642, 126 Ohio Laws 947. The program does so by charging to the state surplus fund all or part of the cost arising from an industrial injury sustained by an employee who has one of the statute’s enumerated “diseases or conditions” if the disease or condition either caused or aggravated the industrial injury leading to death or disability.

Case Background

{¶ 2} Edward Carpenter Jr., a Fairfield employee, has had hypertension since at least 1995. In 2002, he injured his back while at work. Carpenter’s back injury has resulted in a considerable amount of disability compensation — first temporary total and now permanent total. In 2008, Fairfield requested handicap reimbursement from the Ohio Bureau of Workers’ Compensation for at least part of the disability payments made to Carpenter. Fairfield’s application alleged that *313 Carpenter’s preexisting hypertension is a cardiac disease, one of the conditions listed in R.C. 4123.343(A)(3), that delayed his recovery from back surgery, contributing to prolonged disability payments.

{¶ 3} Fairfield submitted the April 5, 2008 report of Dr. Paul T. Hogya, who had reviewed Carpenter’s medical records. The report stated:

{¶4} “The claimant does have history of hypertension with complicating cardiac arrhythmia in 1995. His hypertension has been managed with Lisinopril. * * * The hypertension would reasonably contribute to a handicap assessment with respect to his multiple lumbar surgeries * * *. Chronic hypertension plays a role in delaying healing from these surgeries, exacerbated by his chronic smoking. Hypertension results in stiffer arteries, which limits healing, particularly involving the fusion surgeries. Excellent blood flow is required to consolidate the bony fusion. In this case, there was a failed back surgery with nonunion. This led to the two-stage surgery on 12/2/03 and 1/24/04. Consequently, there was substantial delay in recovery, resulting in the need for a second procedure, which involved two stages over two months. Therefore, a reasonable handicap assessment attributed to the cardiac disease (hypertension) would be 50%.”

{¶ 5} The bureau rejected Dr. Hogya’s report as “insufficient to establish cardiac disease as a pre-existing condition that delayed recovery.” It described the report as “speculative and tenuous” and stated that the report did not show that Carpenter’s injury was affected by hypertension but instead merely explained that in general, injuries are affected by hypertension. It accordingly denied reimbursement, and Fairfield appealed to appellee, the Industrial Commission of Ohio.

{¶ 6} A commission district hearing officer denied reimbursement, and on July 29, 2008, a staff hearing officer (“SHO”) affirmed that decision for three reasons: (1) hypertension is not an R.C. 4123.343(A) enumerated condition, (2) Fairfield did not establish that Carpenter’s hypertension constituted a cardiac disease, and (3) there was insufficient evidence to establish that Carpenter’s high blood pressure contributed to the cost of his workers’ compensation claim.

{¶ 7} Fairfield appealed to the commission and submitted an August 12, 2008 report from Dr. Hogya in which he explained why hypertension should be considered a cardiac disease. The commission, however, refused further appeal.

{¶ 8} Fairfield filed a complaint in mandamus in the Court of Appeals for Franklin County, challenging the denial of reimbursement. Fairfield relied heavily on a newly submitted piece of evidence — a one-page Bureau of Workers’ Compensation document entitled “Handicap Reimbursement Guidelines.” This document stated that “[e]vidence of high blood pressure/hypertension, without more explanation, does not constitute evidence of cardiac disease.” (Emphasis sic.) Fairfield argued that it had satisfied the guidelines through Dr. Hogya’s *314 reports that explained why Carpenter’s hypertension should be considered a cardiac disease. Fairfield urged the court to find that the commission had .abused its discretion in rejecting that evidence.

{¶ 9} The court of appeals denied the writ. It stressed that the guidelines on which Fairfield relied were not commission guidelines, but bureau guidelines that had not been promulgated in accordance with R.C. 4123.343(A) and 119.03. Describing them as internal guidelines, the court of appeals noted that Fairfield cited no authority that bound one state agency to the internal guidelines of another. The court also held that the commission’s exclusive authority to weigh the evidence permitted it to find that Dr. Hogya’s reports were insufficient evidence. Emphasizing the commission’s substantial expertise in the area of handicap reimbursement, the court of appeals held that the commission did not abuse its discretion in finding that Carpenter’s hypertension was not a cardiac disease for handicap-reimbursement purposes.

{¶ 10} Fairfield now appeals to this court as of right.

Analysis

{¶ 11} For handicap reimbursement to issue, an employer must first establish that its employee had one of the enumerated conditions under R.C. 4123.343(A). 2 The condition currently at issue — hypertension—is not a designated condition. Cardiac disease is listed in R.C. 4123.343(A)(3), although the term is not defined in the statute.

*315 {¶ 12} Fairfield argues that Carpenter’s hypertension should be classified as a cardiac disease and advances two propositions: one relies on dictionary definitions and would make hypertension a cardiac disease per se; the other relies on Dr. Hogya’s reports and would qualify Carpenter’s hypertension as a cardiac disease. The commission contends that hypertension should not be considered a cardiac disease per se and argues that the evidence in this case did not support a finding that Carpenter’s hypertension qualifies as a cardiac disease. For the following reasons, we hold in the commission’s favor.

{¶ 13} Fairfield initially argues that because R.C. Chapter 4123 does not define “cardiac disease,” it must be “accorded its plain, everyday meaning.” Sharp v. Union Carbide Corp. (1988), 38 Ohio St.3d 69, 70, 525 N.E.2d 1386. In asserting that Carpenter’s high blood pressure should be classified as a cardiac disease, Fairfield relies on extrapolation: because the term “cardiac” means relating to the heart and hypertension affects the blood vessels that supply the heart, hypertension is a cardiac disease. We reject this proposition.

{¶ 14} If the mere fact of blood circulation were sufficient to transform a chronic condition into a cardiac disease, then ostensibly leukemia and anemia would also be cardiac diseases because they, too, affect the blood.

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Related

State ex rel. Cordray v. Midway Motor Sales, Inc.
2009 Ohio 2610 (Ohio Supreme Court, 2009)
State ex rel. Burley v. Coil Packing, Inc.
508 N.E.2d 936 (Ohio Supreme Court, 1987)
Sharp v. Union Carbide Corp.
525 N.E.2d 1386 (Ohio Supreme Court, 1988)
State ex rel. Cordray v. Industrial Commission
561 N.E.2d 917 (Ohio Supreme Court, 1990)

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Bluebook (online)
2011 Ohio 2378, 129 Ohio St. 3d 312, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-fairfield-city-schools-v-industrial-commission-ohio-2011.