State Ex Rel. Smith v. Industrial Commission

{¶ 20} I respectfully dissent and would hold that the Industrial Commission should have considered the medical opinions in Smith’s case. I would therefore affirm the judgment of the court of appeals.

{¶ 21} An injured worker may qualify for a number of different benefits under Ohio’s workers’ compensation statutes. The Industrial Commission awarded permanent-total-disability benefits to George Smith in 1998 due to his persistent vegetative state that resulted from his work-related injury. This benefit, pursuant to R.C. 4123.58, is designed to compensate for the loss of earning capacity for…