State ex rel. Bowie v. Greater Cleveland Regional Transit Authority

We are asked to evaluate the commission’s order for “some evidence” in support of its decision. Upon review, we find it necessary to return the cause to the commission for further consideration and amended order.

This controversy centers around Dr. Katz’s report, which was prepared after the claimed period of disability had ended. Claimant asserts that a report which post-dates the period of disability can never constitute “some evidence” upon which the commission can rely. We disagree.

There are parallels between an examining doctor who offers a retroactive opinion and a doctor who renders an…