State ex rel. Giant Eagle, Inc. v. Ohio Indus. Comm.
2017 Ohio 7413
| Ohio Ct. App. | 2017Background
- Henry Brown (claimant) injured in 2006 and was awarded permanent total disability (PTD) benefits beginning in 2009.
- On July 29, 2015 Brown applied for a lump-sum advancement of $76,940 from his PTD award to repay three loans.
- The self-insured employer, Giant Eagle, denied the application; a District Hearing Officer (DHO) granted the advancement, finding the biweekly reduction met administrative-code limits.
- A Staff Hearing Officer (SHO) affirmed on November 16, 2015; the commission denied reconsideration.
- Giant Eagle filed this mandamus action arguing the commission abused its discretion by failing to address whether “special circumstances” (required by R.C. 4123.64) existed to support the lump-sum award.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the commission was required to determine and state whether “special circumstances” existed under R.C. 4123.64 before granting a lump-sum advancement | The SHO/DHO failed to consider/address the statute's requirement of "special circumstances," so the commission abused its discretion and must vacate the order | Because Ohio Adm.Code 4123-3-37 (July 11, 2013 version) uses "advisable" language and omits the phrase "special circumstances," the administrator need not explicitly address "special circumstances" in the order | The court held the commission abused its discretion by failing to address "special circumstances" and ordered the commission to vacate the SHO order and re-decide whether such circumstances exist |
Key Cases Cited
- State ex rel. Kirk v. Owens-Illinois, Inc., 25 Ohio St.3d 360 (Ohio 1986) (workers' compensation rights are measured by statute in effect on date of injury)
- Rambaldo v. Accurate Die Casting, 65 Ohio St.3d 281 (Ohio 1992) (same principle that statutory rights vest as of date of injury)