15 Ohio St. 3d 87 | Ohio | 1984
Appellant urges that the commission’s order of February 24, 1982 did not comply with the requirements of State, ex rel. Mitchell, v. Robbins & Myers, Inc. (1983), 6 Ohio St. 3d 481, 483, that such decisions “* * * specifically state which evidence and only that evidence which has been relied upon to reach their conclusion, and a brief explanation stating why the claimant is or is not entitled to the benefits requested.” Additionally, appellant contends that there was no evidence before the commission to support a denial of his application for an award of permanent partial disability.
Mitchell, supra, was decided after the decision of the court of appeals herein. We find that the commission’s order denying appellant permanent partial disability presented adequate explanation and reference to the evidence relied on to meet the standards pronounced in Mitchell, were those standards to be applied here. Cf. State, ex rel. Burdette, v. Dayton Walther Corp. (1984), 14 Ohio St. 3d 29, 31.
The commission’s evidentiary reference was to the reports of Drs. Dominic and Davies as well as to the 1976 claim file. Dr. Dominic’s first
Appellant also urges that the prior forty percent permanent partial disability award should not be used in determining the 1979 injury claim, for the reason that the prior claim involved areas of the body in addition to the low back and the award did not specify what percentage of disability attached to a specific area of the body. We find that while the 1978 award of forty percent permanent partial disability also involved “right shoulder, contusion left hip,” one examiner, whose report reposed in appellant’s 1976 claim file and was available to both Drs. Dominic and Davies, concluded that as to the 1976 injury the permanent partial impairment involving the lumbosacral and left sacroiliac region was thirty-two percent, or greater than Dr. Davies’ assessment of sixteen percent permanent partial impairment as to the 1979 injury.
We conclude that there is evidence to support the commission’s order denying an award of permanent partial disability.
For reason of the foregoing, the judgment of the court of appeals is hereby affirmed.
Judgment affirmed.
Appellant also contends that the commission’s order is erroneous because it referred to form C-92-A, which form is used in connection with an application to increase percentage of permanent partial disability. The form actually filed by appellant was C-92, used for initial determination of the percentage of permanent partial disability.
There is no indication that the reference to form C-92-A was other than a clerical error reflecting no prejudice to appellant, as the content and substance of such order clearly disposes of appellant’s application for determination of permanent partial disability.