State ex rel. Verbanek v. Industrial Commission

One issue is presented: Is Dr. Boutouras’ report “some evidence” supporting the denial of payment for medical services? For the reasons to follow, we find that it is not.

State ex rel. Zamora v. Indus. Comm. (1989), 45 Ohio St.3d 17, 19, 543 N.E.2d 87, 89, stated that “it [is] inconsistent to permit the commission to reject * * * [a] report at one level, for whatever reason, and rely on it at another.”

In this case, the commission expressly relied on Dr. Boutouras’ report. Two elements of that narrative are relevant — his recitation of claimant’s prior history and his assessment of zero-percent…