State ex rel. Hart v. Industrial Commission

We are once again asked to review the commission’s decision for “some evidence,” as required by State ex rel. Burley v. Coil Packing, Inc. (1987), 31 Ohio St.3d 18, 31 OBR 70, 508 N.E.2d 936, syllabus. The present commission decision was based on a combination of medical and nonmedical factors — Dr. Baldoni’s conclusion that claimant could do sedentary work, as well as claimant’s youth and education. These factors provide “some evidence” supporting the denial of permanent total disability compensation.

Claimant’s attack on Dr. Baldoni’s report lacks merit. Claimant’s contention that the report…