Conaghan v. Riverfield Country Day School

[1 The dispositive issue presented in this appeal is whether the workers' compensation court erred in its ruling that 85 O.8.Supp. 2005, § 17(A) is an improper delegation of judicial power contrary to the state constitution. We find that the language "within the range of opinions of the treating physician and the Independent Medical Examiner" in subparagraph 17(A)(2)(b) unconstitutionally encroaches upon the judicial power. We further find that the unconstitutional language may be severed and the remainder of subsection 17(A) can be preserved. We reverse the paragraphs in the order of the…