State Ex Rel. Roxbury v. Industrial Commission, 138 Ohio St. 3d 91

Roxbury injured in 2004; claim originally allowed for lumbar sprain and related injuries, TT disability paid until 2006 when the commission found MMI for physical injuries.
She sought to add a psychological condition in 2007 and requested TT disability based on that condition, submitting Dr. Richetta’s report.
A 2007 hearing officer allowed the additional condition (dysthymic disorder) but denied TT disability for it, relying on Dr. Belay’s opinion that symptoms were mild and not disabling.
In 2009 the commission denied permanent-total-disability, finding Roxbury physically capable of sedentary work and the psychological disorder not disabling, with no evidence of attempts to work or pursue vocational rehab.
Roxbury filed for mandamus; the court of appeals denied; the Supreme Court affirmed, holding the commission did not abuse discretion given lack of earnings was not causally related to the psychological condition and abandonment of the workforce.
Dr. Lichstein in 2009 retroactively certified disability to 2007 but failed to review all prior medical evidence; the commission treated this as insufficient to support TT disability.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the commission properly denied TT disability for the psychological condition	Roxbury contends disability due to the psychological condition existed.	The commission found lack of earnings was due to voluntary workforce abandonment, not the psychological condition.	Denied; no error in denying TT disability based on abandonment.
Whether Dr. Lichstein’s retroactive disability opinion could support TT disability	Lichstein’s opinion supports disability beginning in 2007.	Retroactive opinion insufficient because not based on contemporaneous examination or full review of prior evidence.	Denied; court affirmed that retroactive opinion was not proper evidence.
Whether Roxbury remained part of the labor force or had meaningful sedentary-work capacity at relevant times	She remained physically unable to work since 2004 due to industrial injury.	Evidence showed physical ability to perform sedentary work and no disabling effect from psychological condition.	Affirmed; commission correctly found sedentary capacity and voluntary abandonment; not TT disability.

State ex rel. McCoy v. Dedicated Transport, Inc., 97 Ohio St.3d 25 (2002-Ohio-5305) (requires causal link between injury and earnings loss for TT disability)
State ex rel. Pierron v. Indus. Comm., 120 Ohio St.3d 40 (2008-Ohio-5245) (voluntary abandonment doctrine governs TT disability eligibility)
State ex rel. Bowie v. Greater Cleveland Regional Transit Auth., 75 Ohio St.3d 458 (1996) (doctors must review all relevant prior evidence for contemporaneous opinions)
State ex rel. Wilson v. Indus. Comm., 100 Ohio St.3d 23 (2003-Ohio-4832) (waiver considerations for challenges to law)