[Download] "State, Ex Rel. Zamora v. Indus. Comm." by The Supreme Court of the State of Ohio * eBook PDF Kindle ePub Free

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• Title: State, Ex Rel. Zamora v. Indus. Comm.
• Author : The Supreme Court of the State of Ohio
• Release Date : January 16, 1989
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

Per Curiam. The commission based its denial of permanent total disability compensation particularly on the reports of Dr. Brown and Dr.
Kogut. The court of appeals rejected Dr. Brown's report as "some evi-dence" to support the commission's decision because it
did not evaluate the combined effect of Zamora's physical and psychiatric conditions, as required by State, ex rel. Anderson,
v. Indus. Comm., supra. It rejected Dr. Kogut's report for the same reason and because "* * * his opinion was, at least in
part, rejected when the psychiatric condition was recognized by the Industrial Commission." Before this court, the commission
points out that State, ex rel. Burley, v. Coil Packing, Inc. (1987), 31 Ohio St.3d 18, 31 OBR 70, 508 N.E. 2d 936, has overruled
Anderson and the combined-effects doctrine. Thus, the commission argues, the Brown and Kogut reports constitute some evidence
to support its finding against permanent total disability with regard to Zamora's physical and mental impairments. We agree
that, with the Anderson impediment removed, the Brown report constitutes some evidence of the lack of a permanent and total
physical impairment. However, we agree with the court of appeals that the Kogut report, even with the Anderson impediment
removed, cannot constitute some evidence against mental impairment.

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