State ex rel. Lampkins v. Dayton Malleable, Inc.

Summary

The Ohio Supreme Court held that medical reports from non-examining physicians did not constitute "some evidence" supporting the Industrial Commission's denial of temporary total disability compensation. The court affirmed the directive to vacate the denial order but reversed the directive requiring an award, remanding for the commission to determine eligibility and identify supporting evidence.

Holdings

1. The Walker report was not some evidence because it contained no express or implied indication that Walker considered or accepted the findings of the examining physicians.
2. The Walsh report was not some evidence because it did not show that the medical reports were reviewed and considered and did not address the claimant's ability to return to his former position of employment.
3. A lack of evidence supporting the denial of temporary total disability benefits cannot automatically be treated as some evidence supporting an award of those benefits.

Questions Presented

1. Whether the Walker and Walsh reports constituted some evidence supporting the Industrial Commission's denial of temporary total disability compensation.
2. Whether the appellate court could order the Commission to award temporary total disability compensation merely because the evidence supporting the denial was insufficient.

Disposition

reversed_and_remanded