State ex rel. Turner Construction Co. v. Industrial Commission
29 N.E.3d 969
Ohio2015Background
- Raymond L. Stevens Jr., a bricklayer, had four allowed workers’ compensation claims (1992, June 2005, Oct 2005, July 2007); this appeal concerns the 2007 claim allowed for thoracic strain and major depressive disorder.
- In 2011 Stevens applied for permanent-total-disability (PTD) compensation; his treating physician (Dr. Parikh) and a commission psychologist (Dr. Weinstein) opined he was totally disabled due to the 2007 psychological condition.
- A staff hearing officer awarded PTD benefits effective September 13, 2011, and apportioned the entire award to the 2007 claim (the only claim with an allowed psychological condition).
- Turner Construction challenged the allocation, arguing Stevens’s psychiatric disability resulted from cumulative/chronic pain from multiple conditions and not solely the 2007 injury, and sought mandamus relief to reallocate liability.
- The Tenth District Court of Appeals denied the writ; the Ohio Supreme Court affirmed, concluding the commission’s decision was supported by evidence and not an abuse of discretion.
Issues
| Issue | Plaintiff's Argument (Turner) | Defendant's Argument (Stevens / Commission) | Held |
|---|---|---|---|
| Whether commission abused discretion by awarding PTD for 2007 claim | PTD resulted from cumulative, longstanding conditions not entirely from 2007 injury; award should be reallocated | Psychological condition was allowed only in the 2007 claim; medical opinions tie disability to 2007 injury | No abuse of discretion; award and allocation affirmed |
| Whether mandamus is available | Turner: has clear right to relief and no adequate remedy at law | Commission: decision supported by evidence; mandamus not warranted | Mandamus denied; Turner did not meet its burden |
Key Cases Cited
- State ex rel. Gen. Motors Corp. v. Indus. Comm., 117 Ohio St.3d 480 (2008) (elements required for mandamus relief against Industrial Commission)
- State ex rel. Teece v. Indus. Comm., 68 Ohio St.2d 165 (1981) (weight and credibility of evidence are for the commission)
- State ex rel. Consolidation Coal Co. v. Indus. Comm., 78 Ohio St.3d 176 (1997) (reviewing courts should not reassess evidence credibility; some evidence standard)
- State ex rel. Pass v. C.S.T. Extraction Co., 74 Ohio St.3d 373 (1996) (abuse-of-discretion standard met if some evidence supports commission)