State ex rel. Zollner v. Industrial Commission

Claimant alleges that the commission did not consider either the allowed psychiatric condition or Dr. Durgin’s report. Both claims fail.

Claimant’s first assertion is grounded in the omission of “dysthymic disorder” from the enumerated conditions in the permanent total disability order. Relying on State ex rel. Johnson v. Indus. Comm. (1988), 40 Ohio St.3d 339, 533 N.E.2d 720, claimant contends that the omission constitutes an abuse of discretion. Johnson, however, is distinguishable. There, as here, the commission’s order did not list an allowed psychiatric condition among the allowed…