State ex rel. Erico Products, Inc. v. Industrial Commission

Francis E. Sweeney, Sr., J.

The main issue before this court is whether there was some evidence before appellee Industrial Commission of Ohio that the allowed condition, lumbosacral strain, prevents claimant from engaging in sustained remunerative employment. For the following reasons, we find there is no evidence to support the commission’s decision and, accordingly, we reverse the judgment of the court of appeals.

Permanent total disability cannot be based, wholly or partially, on nonallowed medical conditions. State ex rel. Fields v. Indus. Comm. (1993), 66 Ohio St.3d 437, 613 N.E.2d 230.…