State ex rel. Turner v. Industrial Commission

This case invokes the notion of implicit allowance of a medical condition. Claimant argues that recognition of “lumbosacral sprain” is supported by legal precedent and/or the inconsistency of the commission’s orders. Both propositions fall short.

Claimant relies heavily on State ex rel. Jeffrey Mining Machinery Div., Dresser Industries, Inc. v. Indus. Comm. (1990), 56 Ohio St.3d 91, 564 N.E.2d 437. As in this case, the allowed condition in Jeffrey Mining was “herniated nucleus pulposis L5-S1 on right.” The claimant later requested temporary total disability compensation based on reports citing…