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State ex rel Sears Logistics Services8/9/2000
Workers' compensation - Writ of mandamus granted by court of appeals ordering Industrial Commission to issue a new order granting or denying relator's motion to terminate claimant's compensation for temporary total disability affirmed - Commission must consider all allowed conditions in determining extent of claimant's disability - Commission need not consider an allowed condition if it is no longer disabling.
Submitted April 10, 2000
Sears Logistics Services, Inc. ("Sears"), appellee, sought a writ of mandamus forcing the Industrial Commission of Ohio to vacate its order denying Sears's motion to terminate Frances Cope's compensation for temporary total disability ("TTD") and to enter an order terminating it. The court of appeals granted a writ, but only to order the commission to issue a new order granting or denying Sears's motion. The court held that the commission abused its discretion by rejecting Sears's doctor's report concluding that Cope had reached maximum medical improvement ("MMI") on the ground that the report did not account for an allowed condition from which Cope's doctor had said she no longer suffered. Cope appeals as of right.
Cope injured her knee in 1992 while working as a laborer for Sears. Her claim was initially allowed for "left knee strain." Later, after much medical treatment, including having her knee surgically replaced, Cope's claim was also allowed for reflex sympathetic dystrophy ("RSD"). Sears, a self-insured employer in the workers' compensation system, paid Cope TTD for years following her injury.
In December 1995, Sears's case-management consultant asked Cope's physician, Dr. John Urse, to clarify his diagnosis of her condition. In response to the consultant's inquiry about whether RSD was still diagnosed, Dr. Urse confirmed in writing that "Ms. Cope no longer is diagnosed with Reflex Sympathetic Dystrophy."
In May 1997, Dr. Gary Ray examined Cope at Sears's request. He evaluated her for the allowed condition of left knee strain and summarized the extensive medical treatment she had received. He concluded:
"IMPRESSION: With a reasonable degree of medical certainty her current symptoms are a direct and proximate result of the October 2, 1992 industrial injury. I could not detect any unrelated conditions which could be causing her current symptoms. With a reasonable degree of medical certainty, she has reached maximum medical improvement. She has undergone extensive re-evaluation and treatment for the condition. The restrictions at this time include no lifting or carrying of greater than 20 pounds occasionally and 10 pounds frequently, no standing or walking for more than a half an hour at a time, and no squatting, kneeling, climbing or crawling activities. She would be able to sit without difficulty. With a reasonable degree of medical certainty, the treatment has been excessive for the allowed condition of left knee strain. I would expect a left knee strain to heal without complications. A left knee strain resolves within 3 months with treatment consisting of medications, physical therapy and exercises. She was treated for conditions other than the allowed condition of left knee strain. With a reasonable degree of medical certainty, she had a pre-existing osteoarthritis of the left knee as demonstrated on the left knee arthroscopy from February 23, 1993. Also, she was treated for the nonallowed conditions of torn medial meniscus and synovial plica and synovitis." (Emphasis added.)
Armed with Dr. Ray's report, Sears moved to terminate Cope's TTD on the ground that she had reached MMI, a disqualifying event. A commission district hearing officer denied the motion, finding that Dr. Ray's re
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