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State ex rel Monroe v. Industrial Commission of Ohio9/29/2005
n May 14, 2003, relator filed a claim for workers' compensation benefits. Sears certified the claim for: "left knee strain."
{ } 11. Following a June 10, 2003 hearing, a district hearing officer ("DHO") issued an order stating:
It is the order of the District Hearing Officer that the C-84 Request For Temporary Total Compensation filed by Injured Worker on 03/18/2003 is granted to the extent of this order. The parties at hearing waived any defect in notice with respect to additional allowance issue.
This claim is additionally allowed for a torn left medial meniscus. This is based on the 05/27/2003 report of Dr. Stearns.
Temporary total compensation from 06/25/2002 through 10/16/2002 is denied because there is no medical evidence in the file from a physician who treated the injured worker during this period that the injured worker was temporarily and totally disabled during this period.
Temporary total compensation is ordered paid from 10/17/2002 through 05/27/2003 and to continue upon submission of appropriate medical evidence. This is based on the 03/18/2003 C84 completed by Dr. Krahe and the 05/07/2003 report of Dr. Stearns.
{ } 12. Sears administratively appealed the DHO order of June 10, 2003.
{ } 13. On July 15, 2003, Dr. Kravanya completed a C-84 certifying TTD from June 25 through October 17, 2002.
{ } 14. On July 31, 2003, Sears' appeal was heard by a staff hearing officer ("SHO"). The hearing was not recorded. Following the hearing, the SHO issued an order that vacates the DHO's order. The SHO's order states:
The Staff Hearing Officer notes that the self-insured employer has additionally recognized this claim for "TORN LEFT MEDIAL MENISCUS."
The C-84 request for Temporary Total Compensation, filed 03/18/2003, which requests Temporary Total Compensation from 06/25/2002 through 04/27/2003 and continuing is denied. At hearing, claimant testified that he retired in July, 2002 due to his knee problems and due to the fact that he felt that it was time to retire. The Staff Hearing Officer notes that there is no contemporaneous medical evidence showing an inability to work at the time claimant chose to retire. The 07/15/2003 C-84 report of Dr. Kravanya purports to disable claimant from 06/25/2002 to 10/17/2002 but her office notes from that time period do not indicate total disability. At hearing, claimant was unclear as to what periods he worked or may have missed from work between the date of injury and his July retirement. No employment records have been submitted by the employer. The Staff Hearing Officer must conclude from the evidence currently in the record that claimant took a voluntary retirement in July, 2002 at a time when no physician was disabling him from employment.
Based upon the above finding of voluntary retirement and a lack of knowledge on Dr. Kravanya's part that claimant may have been working during some of the disability period that she has certified, the Staff Hearing Officer finds that the payment of Temporary Total Compensation is not warranted in this claim.
(Emphasis sic.)
{ } 15. On August 29, 2003, another SHO mailed an order refusing relator's administrative appeal from the SHO order of July 31, 2003.
{ } 16. Following a March 4, 2004 examination, Dr. Krahe completed a C-84 certifying TTD from March 4, 2004 to an estimated return-to-work date of June 4, 2004. Apparently, this C-84 was filed on May 10, 2004.
{ } 17. Following a July 1, 2004 hearing, a DHO issued an order stating:
The District Hearing Officer finds that the issue of the C-84, filed 05/10/2004, is res
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