State ex rel. Goodyear Tire & Rubber Co. v. Industrial Commission

310 N.E.2d 240, 38 Ohio St. 2d 57, 67 Ohio Op. 2d 74, 1974 Ohio LEXIS 422
CourtOhio Supreme Court
DecidedApril 24, 1974
DocketNo. 73-787
StatusPublished
Cited by6 cases

This text of 310 N.E.2d 240 (State ex rel. Goodyear Tire & Rubber Co. 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. Goodyear Tire & Rubber Co. v. Industrial Commission, 310 N.E.2d 240, 38 Ohio St. 2d 57, 67 Ohio Op. 2d 74, 1974 Ohio LEXIS 422 (Ohio 1974).

Opinion

CoRrigaN, J.

The problem in the present ease arises from the fact that appellee’s claim alleges two disabilities resulting from the original injury. The first disability was [59]*59of a temporary nature and consisted of congestion and swelling in the anterior or front portion of claimant’s right eye. Subsequent to the discovery of this injury by claimant’s physician, a posterior eye condition developed, described variously as chorioretinitis, posterior uveitis or macular edema, which resulted in claimant’s loss of vision of the right eye. This loss of vision was not alleged in her complaint before the Court of Common Pleas, but the medical descriptions of claimant’s posterior eye condition were alleged. Likewise, testimony was presented at trial on the question of loss of vision and its causal relationship to the injury. Clearly, two causal relationships resulting from the original injury were alleged before the Court of Common Pleas. The jury’s verdict found that claimant had a right to compensation for her right-eye injury.

In view of the fact that the question of loss of vision was presented to the jury, both in the medical descriptions in claimant’s petition and in the testimony at trial, we cannot conclude, as appellant alleges, that the claimant eliminated this disability as an issue in the Court of Common Pleas.

Further, the record before the Court of Common Pleas discloses that evidence upon the question of the causal relationship between claimant’s loss of vision and her right-eye injury was presented to the jury for its consideration, together with other issues raised by the pleadings. In fact, the denial of causal relationship was the basis for the commission’s refusal to hear an appeal in the first instance. The issue of the existence of the causal relationship between claimant’s injury and subsequent loss of vision was clearly in dispute.

The jury, as required by R. C. 4123.519, found only that the claimant had a “right to participate under the Workmen’s Compensation Act for her right eye injury.” This is a decision as to the jurisdictional right of the claimant to participate in the Workmen’s Compensation Fund. It also expresses a determination as to the existence of the required causal relationship between the claimed disability [60]*60or disabilities and the alleged injury necessary to invoke the commission’s jurisdiction. State, ex rel. Brecount, v. Procter & Gamble Co. (1957), 168 Ohio St. 477; State, ex rel. Kauffman, v. Indus. Comm. (1929), 121 Ohio St. 472.

The Brecount and Kauffman decisions set out the issues requiring a determination by the jury.

• Paragraph one of the syllabus in Brecount states:

<<* * # q^e only issue for the jury to determine in. such a case is whether there is a causal connection between the claimed disability and the injury and', accordingly, whether the plaintiff is entitled to participate in the State Insurance Fund.”

Paragraph one of the syllabus in Kauffman states:

. “By virtue of Section 1465-90, General Code [R. C. 4123.51, repealed and incorporated into R. C. 4123.511 to 4123.519, following creation of the Bureau of Workmen’s Compensation in 1955], in cases heard on appeal to a Common Pleas- Court from the Industrial Commission,, the jury may only find whether or not the claimant is entitled to participate in the Workmen’s Compensation Fund, and the court may only pronounce judgment whether the claimant is entitled to participate in the Workmen’s Compensation Fund and to be paid in the manner provided by the Workmen’s Compensation law.”

Clearly, the jury in the Court of Common Pleas acted in accordance with those mandates.

Subsequently, the claim was certified to the Industrial Commission, pursuant to R. C. 4123.519.

' The .authority of the commission upon certification is set forth in R. C. 4123.519, which, in pertinent part, reads:

“If the finding of the court or the verdict of the jury is in favor of the claimant’s right to participate in the fund, the commission and the administrator shall thereafter proceed in the matter of the claim as if such judgment were the decision of the commission, subject to the power of modification provided by Section 4123,52 of the Revised-Code.”

Paragraph two of the syllabus hi.Brecount states:

[61]*61“In the event plaintiff’s right to participate is established in snch case, the Industrial Commission has exclusive jurisdiction to determine, under the Workmen’s Compensation Act, the extent of such participation. (State, ex rel. Kauffman, v. Industrial Commission, 121 Ohio St. 472, and Fisher Body Co. v. Cheflo, 122 Ohio St. 142, approved and followed.) ”

Likewise, paragraph two of the syllabus in Kauffman mandates:

“A verdict and judgment so entered and certified to the Industrial Commission do not impose upon the Industrial Commission a duty to pay compensation to any particular future date or for any particular extent of disability ; it becomes the duty of the commission upon receiving such certificate to recognize the verdict and judgment as awarding some disability and to proceed to inquire the extent of such disability.”

Clearly, upon certification of a judgment by the Court of Common Pleas, following resolution of the jurisdictional issues, the Industrial Commission has authority only to proceed with a determination as to the extent of disability, and such determination is nonappealable.

In the present case, the administrator approved the payment of temporary total disability for the period of August 14, 1967, to September 9, 1967. Additionally, the order stated:

“The administrator further finds that as a result of the instant injury, the claimant has suffered the complete loss of vision of the right eye. In compliance with Section 4123.57 of the Revised Code, it is ordered the claimant receive an award under Paragraph ‘C’ to compensate for the complete loss of sight of the right eye. # * *”

Upon appeal, the regional board of review vacated the administrator’s order and ordered that claimant’s motion be denied.'

The commission reversed the order of the board of review and affirmed the administrator’s order, stating:

“Claimant’s appeal filed on August 1, 1972, is grant[62]*62ed. The commission finds that claimant on the basis of a judgment entry in her appeal to the Common Pleas Court, involving a decision in the captioned claim, was awarded compensation for total loss of vision of the right eye as a result of the injury of August 23, 1967. The commission is advised that claimant has been awarded compensation by the employer for total loss of vision, therefore, this order affirms the action carried out by the employer based on the administrator’s finding. The order of the Columbus Regional Board of Review, dated July 24, 1972, is reversed.”

The commission’s order is confusing in that it can he read to imply that the Court of Common Pleas awarded compensation for total loss of vision. This is clearly incorrect.

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Cite This Page — Counsel Stack

Bluebook (online)
310 N.E.2d 240, 38 Ohio St. 2d 57, 67 Ohio Op. 2d 74, 1974 Ohio LEXIS 422, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-goodyear-tire-rubber-co-v-industrial-commission-ohio-1974.