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Cracraft v. International Trailer Corp.3/2/2000
IN MANDAMUS ON OBJECTIONS TO THE MAGISTRATE'S DECISION
Roy S. Cracraft filed this action in mandamus seeking a writ which compels the Industrial Commission of Ohio ("commission") to vacate its order denying him permanent total disability ("PTD") compensation and which compels the commission to enter a new order granting the compensation.
In accord with Loc.R. 12(M), the case was referred to a magistrate to conduct appropriate proceedings. The parties stipulated the pertinent evidence and filed briefs. The magistrate then issued a magistrate's decision which contains detailed findings of fact and conclusions of law. The magistrate's decision includes a recommendation that we deny the requested writ.
Counsel for Mr. Cracraft has filed objections to the magistrate's decision. Counsel for the commission has filed a memorandum in response. The case is now before the court for a full, independent review.
On March 27, 1990, Roy Cracraft was working as a laborer for International Trailer Corp., Inc. The work he performed involved heavy labor. The evidence before us indicates that all of Mr. Cracraft's employment has been in occupations which required heavy labor. The injuries sustained by Mr. Cracraft on March 27, 1990 have made it impossible for him to do such work now or at any time in the future.
Mr. Cracraft's industrial claim has been allowed for "sprain lumbar; sprain lumbosacral; lumbar disc displacement; lumbosacral neuritis; lumbago; chronic pain disorder." He has had two surgeries in an attempt to improve his medical condition.
The condition "chronic pain disorder" was diagnosed by Kenneth J. Manges, Ph.D. in 1996. In October 1997, Marguerite M. Blythe, M.D., also diagnosed a "pain disorder" while examining Mr. Cracraft on behalf of the Ohio Bureau of Workers' Compensation ("BWC"). Both Dr. Manges and Dr. Blythe noted "low average intelligence" for Mr. Cracraft.
In November of 1997, Mr. Cracraft filed an application for PTD compensation. As a result of the application, he was examined by commission specialist Kenneth R. Hanington, M.D., who is an orthopedic surgeon. Dr. Hanington found that Mr. Cracraft is medically incapable of his former employment. Dr. Hanington also reported that Mr. Cracraft was capable of light duty work. Dr. Hanington reported that Mr. Cracraft can sit for "0-3 HRS," stand for "3-5 HRS," and walk for "3-5 HRS." Dr. Hanington indicted that Mr. Cracraft can lift or carry ten to twenty pounds for "3-5 HRS."
On July 17, 1998, Mr. Cracraft was examined by Lee Howard, Ph.D., at the request of the commission. Dr. Howard viewed his responsibility as being to evaluate the intent of any psychological conditions "as it would relate to the industrial accident in question."
Dr. Howard reported that Mr. Cracraft:
* does not experience any type of psychological or psychiatric condition and/or limitation. He could perform at his pre-accident levels *.
At the same time, Dr. Howard reported that the testing done yields results " * consistent with long term or chronic personality limitations, limited psychological resources, and/or limited psychological defenses. * The somewhat limited mental status results appear to be more secondary to pre-existing/unrelated educational/intellectual limitations as opposed to a function of post accident psychopathology."
These findings are consistent with Mr. Cracraft's limited educational background and functioning. Mr. Cracraft quit school in the ninth grade after having repeated first and second grades. Other testing indicates that his math skills are second grade level. Reasoning and math ski
Page 1 2 Ohio Employee Leasing Services
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