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State ex rel Monroe v. Industrial Commission of Ohio9/29/2005
s noted hereinabove, and we grant a writ of mandamus that is slightly different in substance from that recommended by the magistrate.
{ } The evidence before the commission consisted in two C-84's from treating physicians, which together covered the period for which TTD was requested; the physicians' office notes; and relator's statement that he retired both because of his allowed conditions and because he felt it was time to do so. We conclude that this record does not contain "some evidence" to support the commission's finding that relator voluntarily abandoned his employment. Accordingly, we grant the requested writ of mandamus, and order the commission to vacate its prior orders denying TTD. We further order that the commission hold a new hearing on the issue of relator's requests for TTD compensation.
Objections sustained in part, overruled in part; writ of mandamus granted.
BRYANT and KLATT, JJ., concur.
(APPENDIX A)
MAGISTRATE'S DECISION
Rendered on April 29, 2005
IN MANDAMUS
{ } In this original action, relator, Clarence Monroe, requests a writ of mandamus ordering respondent Industrial Commission of Ohio ("commission") to vacate its order denying relator's requests for temporary total disability ("TTD") compensation, and to enter orders granting TTD compensation.
Findings of Fact
{ } 1. On April 21, 2002, relator sustained a left knee injury while employed as a salesman for respondent Sears Roebuck & Co. ("Sears"), a self-insured employer under Ohio's workers' compensation laws. On that date, relator twisted his left knee while attempting to remove a boxed lawnmower from a high shelf. Relator was 77 years old on the date of his injury. His date of birth is October 25, 1926.
{ } 2. On April 30, 2002, nine days after the injury, relator was examined by attending physician Margaret A. Kravanya, D.O. Dr. Kravanya's office note of April 30, 2002 states:
* * * hile working at Sears Hardware on 04/21/02, he was lifting a box with a lawnmower in it, from a high shelf, and during the process he twisted his left knee, giving out and experienced sudden pain, followed by inability to weight bear on his left leg. The pain of his knee and left leg continued to increase in severity. He went to SouthPointe Emergency for evaluation. DX: Left knee strain, placed on Advil and given instructions to follow up with primary physician.
Today the pain and stiffness of the left leg and knee persist and finds difficulty walking, standing, and ascending and descending stairs.
Objective findings: edema of the left knee with decreased range of motion in flexion and extension. Tenderness upon palpation of the medial area of knee and lower leg.
Elastic wrap applied for immobilization of knee joint. Advised continued ice pack applications; and increase ibuprofen to 600 mg tid.
DX: 844.0, left knee strain[.]
{ } 3. On May 6, 2002, relator was again examined by Dr. Kravanya. Dr. Kravanya wrote:
Shows slight improvement with decreased pain and edema of left knee; range of motion improved in flexion and extension, but walks with limp, due to difficulty with weight bearing[,] noted problems with changing positions from standing to sitting[.]
DC ibuprofen and RX Naprosyn 500 mg tid, pc.
Instructed on therapeutic exercises for quads and hamstring strengthening.
DX: acute left knee strain.
{ } 4. On June 24, 2002, relator was again examined by Dr. Kravanya. Dr. Kravanya wrote:
Attempting to perform physical activities
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