State ex rel. Packaging Corp. of Am. v. Indus. Comm. (Slip Opinion)
139 Ohio St. 3d 591
| Ohio | 2014Background
- Murphy suffered a 2001 neck injury with allowed cervical strain, cervical-spondylosis aggravation, and disc herniations; off work briefly and then returned without restrictions.
- Murphy’s 2006 claim included shoulder/elbow/neck-related issues; he received TTD for the 2006 claim from Oct. 5, 2007, to Feb. 9, 2010.
- In 2007 Murphy sought TTD based on the 2001 neck injury; the Commission denied in Apr. 2008 for insufficient medical nexus to the allowed conditions.
- June 2009 Murphy had a motorcycle accident with head injury; later medical events involved treatment for neck pain.
- Jan. 11, 2010, the staff hearing officer authorized additional conservative treatment for Murphy’s neck; Murphy sought further treatment and surgery was requested later.
- The Industrial Commission ultimately awarded temporary-total-disability benefits beginning Feb. 10, 2010; PCA sought mandamus in Franklin County court of appeals, which denied; Ohio Supreme Court affirmed the denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the commission abused its discretion by not explaining why it relied on certain evidence. | PCA argues Mease’s report and other evidence showed MMI and non-allowed conditions. | Indus. Comm. reasoned its decision based on relied-upon C-84 forms and related evidence. | No abuse of discretion; evidence supported TTD despite other contrary evidence. |
| Whether the commission properly addressed whether the neck condition reached maximum medical improvement. | Mease showed MMI; commission failed to address. | Appellate court allowed the Commission’s weighing of evidence and reliance on Lefkovitz C-84s. | Commission not required to discuss Mease; relied on available evidence. |
| Whether the report of Dr. Noel from the 2006 claim could serve as evidence for the 2001 claim. | No overlap between claims; Noel's report cannot be used. | Significant overlap between injuries; Noel examined claimant and report admissible. | Report admissible as some evidence supporting the decision. |
| Whether the nonallowed stenosis condition invalidates TTD if not proven to cause disability. | Stenosis is nonallowed; cannot support disability. | Markarian noted stenosis but did not prove it caused the disability. | Not necessary to discuss; evidence still supported disability. |
| Whether the January 11, 2010 order authorizing limited treatment suffices as evidence of disability. | Limited treatment order lacks nexus to disability. | Order, plus Murphy’s testimony, supports worsening neck symptoms. | Adequate; order and testimony supported disability finding. |
Key Cases Cited
- Avalon Precision Casting Co. v. Indus. Comm., 109 Ohio St.3d 237 (2006-Ohio-2287) (mandamus standard; evidence support required)
- State ex rel. Noll v. Indus. Comm., 57 Ohio St.3d 203 (1991) (requirement to identify evidence relied upon; no need to discuss non relied evidence)
- State ex rel. Mitchell v. Robbins & Myers, Inc., 6 Ohio St.3d 481 (1983) (courts may weigh evidence and credibility; not required to discuss all evidence)
- State ex rel. Teece v. Indus. Comm., 68 Ohio St.2d 165 (1981) (exclusive responsibility to evaluate weight of evidence)
- State ex rel. Burley v. Coil Packing, Inc., 31 Ohio St.3d 18 (1987) (standard for mandamus review; some evidence suffices)