STATE EX REL. DRESSER INDUSTRIES, INC. v. INDUS. COMM.

No. 94-637.

73 Ohio St.3d 349 (1995)

THE STATE EX REL. DRESSER INDUSTRIES, INC., MARION POWER SHOVEL, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided August 23, 1995.


Attorney(s) appearing for the Case

Vorys, Sater, Seymour & Pease, Elizabeth T. Smith and Randall W. Mikes, for appellant.

Betty D. Montgomery, Attorney General, and Jetta Mencer, Assistant Attorney General, for appellee Industrial Commission.

STEWART R. JAJFY & ASSOCIATES CO., L.P.A. Stewart R. Jajfy and Marc J. Jajfy, for appellee Timmons.


Per Curiam.

Two issues are before us: (1) Did the commission abuse its discretion in relying on Dr. Holbrook's report? and (2) If so, is there nonetheless "some evidence" of permanent total disability? For the reasons to follow, the appellate court's judgment is affirmed.

In awarding permanent total disability compensation, the commission relied on the reports of Drs. Mortero, Grodner, Howard, and Holbrook. Dr. Holbrook's opinion was based not on personal...

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