State ex rel. Melott v. Indus. Comm.
2016 Ohio 8268
| Ohio Ct. App. | 2016Background
- 1993: Melott injured his lower back at work (allowed claim for lumbar sprain, disc bulge at L5-S1).
- 2011: Melott underwent lumbar surgery; bureau awarded TTD beginning Jan. 6, 2011 (order not appealed). Commission later terminated TTD after MMI finding.
- 2014: Bureau additionally allowed a severe major depressive disorder and awarded TTD beginning March 13, 2014 (order not appealed).
- Melott filed PTD applications (first denied in 2013). He submitted medical opinions (surgeon and psychologists) concluding he was permanently and totally disabled.
- June 23, 2015 SHO denied Melott’s second PTD application after finding he voluntarily abandoned the workforce in 1998 and thus was ineligible for PTD; commission denied reconsideration. Melott filed mandamus.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether collateral estoppel bars relitigation of workforce abandonment because bureau previously awarded TTD without raising abandonment | Melott: bureau’s failure to raise abandonment in prior TTD awards precludes commission from later finding voluntary workforce abandonment | Commission: prior bureau orders were not adjudications of abandonment; abandonment was not actually litigated or essential to those orders | Denied: collateral estoppel does not apply; prior bureau orders were not adjudications of abandonment |
| Whether voluntary workforce abandonment precludes PTD eligibility | Melott: he is permanently and totally disabled per treating/consulting physicians | Commission: Melott voluntarily left workforce in 1998 for non-claim reasons, so PTD is barred under Baker/Pierron principles | Held for commission: SHO’s finding of voluntary abandonment supports denial of PTD |
Key Cases Cited
- State ex rel. Baker Material Handling Corp. v. Indus. Comm., 69 Ohio St.3d 202 (worker who voluntarily retires and abandons labor market is precluded from PTD)
- State ex rel. Pierron v. Indus. Comm., 120 Ohio St.3d 40 (temporary total disability barred if claimant left workforce for reasons unrelated to industrial injury)
- State ex rel. Davis v. Pub. Emps. Retirement Bd., 120 Ohio St.3d 386 (standards for collateral estoppel in Ohio)
- State ex rel. Crabtree v. Ohio Bur. of Workers' Comp., 71 Ohio St.3d 504 (bureau lacks authority to adjudicate disputed TTD issues)
- State ex rel. Allen Refractories Co. v. Indus. Comm., 114 Ohio St.3d 129 (collateral estoppel applies to administrative proceedings)