State ex rel. Franks v. Industrial Commission

{¶ 1} Appellant-claimant, Nicholas Franks, broke his left great toe in 1999. A workers’ compensation claim was allowed, and he eventually sought scheduled loss compensation under R.C. 4123.57(B) for a total loss of use. After that request was denied, claimant refiled his application, seeking a loss of use for only one-half of the toe.

{¶ 2} Five medical reports were before appellee Industrial Commission of Ohio. An April 6, 2000 letter from Dr. Paul C. Martin indicated that claimant’s interphalangeal (“IP”) joint was permanently fused. He did not discuss loss of use. Three months later, in…