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State ex rel International Paper v. Trucinski9/14/2005
Submitted June 14, 2005
{ } Appellee Steven A. Trucinski worked for appellant, International Paper. In 1998, a chemical explosion at the plant injured Trucinski's left leg, resulting in an above-the-knee amputation. He was eventually fitted with a prosthesis and, in time, secured other employment.
{ } Appellee Industrial Commission of Ohio awarded Trucinski scheduled-loss compensation under R.C. 4123.57(B) for the total loss of the left leg. Claimant later applied for compensation for permanent total disability ("PTD"), pursuant to R.C. 4123.58(C) and State ex rel. Thomas v. Indus. Comm., 97 Ohio St.3d 37, 2002-Ohio-5306, 776 N.E.2d 62. The commission granted PTD in 2003.
{ } International Paper unsuccessfully challenged Trucinski's PTD award in the Court of Appeals for Franklin County. It now turns to this court on an appeal as of right, seeking to have Thomas overruled and claimant's PTD award vacated.
{ } Statutory PTD is established by " he loss or loss of use of both hands or both arms, or both feet or both legs, or both eyes, or of any two thereof." R.C. 4123.58(C). In 2002, Thomas declared the hand and arm to be distinct body parts for purposes of 4123.58(C). Consequently, the loss of an entire single extremity can equate to the loss of two body parts and statutory PTD.
{ } International Paper asks us to overrule Thomas. Stare decisis, however, compels our adherence to precedent unless (1) the challenged decision was wrongly decided at that time or changes in circumstances no longer justify continued adherence to the decision, (2) the challenged decision defies practical workability, and (3) overruling the decision would not create an undue hardship for those who have relied upon it. Westfield Ins. Co. v. Galatis, 100 Ohio St.3d 216, 2003-Ohio-5849, 797 N.E.2d 1256, at syllabus. Because International Paper cannot satisfy Galatis, we decline its request that we overrule Thomas and we continue to adhere to its holding.
{ } We are not persuaded that Thomas was wrongly decided. Given the absence of a statutory definition for the terms "arm" and "leg," we do not find that the Thomas court erred in construing the statute as it did.
{ } Contrary to International Paper's assertion, this conclusion does not conflict with State ex rel. Cook v. Zimpher (1985), 17 Ohio St.3d 236, 17 OBR 474, 479 N.E.2d 263. Cook involved former R.C. 4123.57(C) (now 4123.57(B)), not R.C. 4123.58(C), as here. Workers' compensation terms, moreover, can have different meanings in different statutes. See State ex rel. Kaska v. Indus. Comm. (1992), 63 Ohio St.3d 743, 591 N.E.2d 235. That "leg" may include the foot for R.C. 4123.57(B) purposes does not compel the same interpretation for R.C. 4123.58(C).
{ } We also reject International Paper's claim that Thomas is constitutionally suspect. Its equal-protection argument fails because it cannot establish disparate treatment between similarly situated individuals. Regardless of the amputation site, so long as the commission has declared a total loss of use of an extremity, there is no dissimilar treatment - all such claimants will receive statutory PTD. There is no equal-protection violation.
{ } International Paper's argument on substantive due process is more vague, consisting of the broad assertion that Thomas is forcing it to "pay for an injury that it did not cause." This declaration ignores the commission's determination long ago that Trucinski's injury occurred in the course of and arising from his employment with International Paper. That the claimant is not literally totally disabled does not mean that the legislature's decision to compensate him as if he were is inv
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