State ex rel. Richardson v. Quarto Mining Co.

One question is presented: Is Dr. Shahabi’s report “some evidence” supporting the commission’s temporary total disability compensation denial? For the reasons to follow, we find that it is not and affirm the judgment of the court of appeals.

State ex rel. Johnson v. Indus. Comm. (1988), 40 Ohio St.3d 339, 340, 533 N.E.2d 720, 721, held that the commission “[i]n determining whether to award permanent total disability, * * * must consider every allowed condition.” (Emphasis added.) That temporary total disability is at issue does not compel a different result.

Dr. Shahabi’s disability conclusions…