State ex rel. Clark v. Industrial Commission

The issue presented is whether the commission abused its discretion when it decided at the June 30, 1992 PTD hearing to schedule a third psychological examination followed by another combined-effects review.1

The commission argues that R.C. 4123.53 empowers it to have a claimant examined to determine her right to workers’ compensation benefits and “does not limit the number of such examinations.”

Former R.C. 4123.53 (now R.C. 4123.53[A]) provided that “[a]ny employee claiming the right to receive compensation may be required by the industrial commission to submit himself for medical examination…