State ex rel. Waddle v. Industrial Commission

619 N.E.2d 1018, 67 Ohio St. 3d 452, 1993 Ohio LEXIS 2109
CourtOhio Supreme Court
DecidedOctober 13, 1993
DocketNo. 92-2081
StatusPublished
Cited by167 cases

This text of 619 N.E.2d 1018 (State ex rel. Waddle 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. Waddle v. Industrial Commission, 619 N.E.2d 1018, 67 Ohio St. 3d 452, 1993 Ohio LEXIS 2109 (Ohio 1993).

Opinion

Per Curiam.

The parties debate the role nonallowed conditions should play in a permanent total disability determination. Amici Ohio AFL-CIO et al. (“AFL-CIO”) contend that nonallowed conditions are Stephenson factors that must be considered in this determination. The other parties disagree — including claimant, whose interest amici AFL-CIO purport to further. Baker and amici Ohio Manufacturer’s Association et al. (“OMA”) do not focus on nonallowed conditions generally, but only on those that prevent sustained remunerative employment. Where such conditions exist, Baker and amici argue that a finding of permanent total disability is automatically precluded, regardless of the severity of the allowed conditions. Claimant takes a middle ground, arguing that nonallowed conditions are immaterial, regardless of their severity, as long as the allowed conditions, in and of themselves, prevent sustained remunerative employment. Accordingly, he asserts that nonallowed conditions cannot be used to advance his cause or defeat it. We agree.

Workers’ compensation is intended to compensate employees and dependents “for death, injuries or occupational disease, occasioned in the course of such workmen’s employment * * Section 35, Article II, Ohio Constitution. Accordingly, a claimant must show:

“ * * * [N]ot only that his injury arose out of and in the course of employment but that a direct and proximate causal relationship existed between his injury and his harm or disability.” Fox v. Indus. Comm. (1955), 162 Ohio St. 569, 55 O.O. 472, 125 N.E.2d 1, paragraph one of the syllabus.

From these mandates, it follows that a claimant cannot be compensated for disability caused by conditions unrelated to the industrial injury.

[455]*455We recently affirmed this principle in State ex rel. LTV Steel Co. v. Indus. Comm. (1992), 65 Ohio St.3d 22, 599 N.E.2d 265, and State ex rel. Fields v. Indus. Comm. (1993), 66 Ohio St.3d 437, 613 N.E.2d 230. In LTV, claimant bruised his elbow and back at work. Fourteen years later, he sought permanent total disability compensation. The medical reports of claimant’s doctor and a commission specialist attributed claimant’s inability to work, however, to nonallowed conditions. The commission awarded permanent total disability compensation, nonetheless, based on the reports of these doctors and a purported consideration of nonallowed medical disability factors.

We found an abuse of discretion and vacated the order. Stressing the physicians’ extensive reliance on nonallowed conditions, we stated:

“Entitlement to permanent total disability compensation requires a showing that the medical impairment due to the allowed conditions, either alone or together with nonmedical disability factors, prevents claimant from engaging in sustained remunerative employment.” Id., 65 Ohio St.3d at 24, 599 N.E.2d at 267.

We elaborated this finding in Fields. Rejecting the very argument put forth by amici AFL-CIO in the instant case, Fields stated:

“ * * * Stephenson was never intended to permit the commission to base an award of permanent total disability on non-allowed medical conditions, in whole or in part.” Id., 66 Ohio St.3d at 440, 613 N.E.2d at 232.

This is not to say that the mere presence of nonallowed conditions automatically bars permanent total disability compensation. Cases such as State ex rel. Jones & Laughlin Steel Co. v. Indus. Comm. (1985), 29 Ohio App.3d 145, 29 OBR 162, 504 N.E.2d 451; State ex rel. Ashcraft v. Indus. Comm. (1987), 34 Ohio St.3d 42, 517 N.E.2d 533; State ex rel. Rockwell Internatl. v. Indus. Comm. (1988), 40 Ohio St.3d 44, 531 N.E.2d 678; and State ex rel. Chrysler Corp. v. Indus. Comm. (1991), 62 Ohio St.3d 193, 580 N.E.2d 1082, do not inherently prohibit permanent total disability compensation to claimants concurrently disabled due to nonallowed conditions, since the holdings in these cases are not as broad as Baker suggests.

These decisions have consistently denied total disability compensation to those who voluntarily left their former position of employment or the work force in general. Baker’s reliance on these cases, however, is flawed for two reasons. First, Baker overlooks the possibility that, as here, the nonindustrial disability may arise after the industrial injury has already forced the claimant from his or her job. As the Alaska Supreme Court stated in Estate of Ensley v. Anglo Alaska Constr. Co. (1989), 773 P.2d 955, 958:

[456]*456“An employee’s voluntary departure from the work force is not analogous to the situation where terminal illness prevents an already totally disabled individual from returning to work.” (Emphasis added.)

Second, Baker erroneously assumes that any claimant who is not working because of a nonindustrial ailment has either completely “retired” or at least “abandoned” his or her former position of employment. However, “abandonment” — which encompasses “retirement” — relates to an issue that is:

“ * * * ‘[P]rimarily * * * [one] of intent * * * [that] may be inferred from words spoken, acts done, and other objective facts. * * * All relevant circumstances existing at the time of the alleged abandonment should be considered.’ * * * ‘ “[A]n abandonment is proved by evidence of intention to abandon as well as acts by which the intention is put into effect.” ’ The presence of such intent, being a factual question, is a determination for the commission.” (Emphasis added.) State ex rel. Diversitech Gen. Plastic Film Div. v. Indus. Comm. (1989), 45 Ohio St.3d 381, 383, 544 N.E.2d 677, 677-678.

Diversitech suggests that, as a general rule, a finding of “abandonment” or “retirement” requires an affirmative act or declaration by the claimant. The record contains no evidence to support a finding of abandonment here, negating Baker’s reliance on Jones & Laughlin and its progeny.

Our decision is consistent with those of other states that have addressed this issue. In Ensley, supra, the Alaska Supreme Court upheld the right of a claimant concurrently disabled for an unrelated condition to compensation. Ensley injured his back on the job on December 7, 1984. On December 22, 1984, his injury forced him from work. Three weeks later, he was diagnosed with cancer unrelated to employment. On February 4, 1985, claimant’s attending physician reported that claimant was totally disabled by his back.

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Cite This Page — Counsel Stack

Bluebook (online)
619 N.E.2d 1018, 67 Ohio St. 3d 452, 1993 Ohio LEXIS 2109, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-waddle-v-industrial-commission-ohio-1993.