State ex rel. Kroger Co. v. Industrial Commission

Kroger challenges the commission’s award of PTD compensation as unsupported by “some evidence,” and as deficient under State ex rel. Noll v. Indus. Comm. (1991), 57 Ohio St.3d 203, 567 N.E.2d 245. We disagree.

Contrary to Kroger’s proposition, there is “some evidence” that the allowed conditions on which the commission relied in assessing PTD are indeed permanent. Dr. Weaver characterized claimant’s psychological conditions as permanent in 1988. Kroger responds that his report should be removed from consideration because he refers to claimant’s adjustment disorder as one that developed as a…