State ex rel. Backus v. Industrial Commission

Appellant-claimant Rodney T. Backus has an allowed workers’ compensation claim for asthmatic bronchitis. A request for permanent total disability compensation was denied by appellee Industrial Commission of Ohio based on two doctors’ reports that found that claimant had no functional limitations due to the allowed conditions and was physically capable of any employment performed in a fume- and dust-free environment.

Claimant later applied for permanent partial disability compensation (“PPD”) under former R.C. 4123.57. The commission found a twenty percent PPD, which claimant elected to receive…