State ex rel. E.I. DuPont DeNemours & Co. v. Industrial Commission

Summary

The Ohio Supreme Court affirmed the award of permanent total disability compensation to Ferrall L. Limle based on medical evidence that his allowed occupational diseases rendered him incapable of sustained remunerative employment. The court held that his predisability retirement from DuPont did not bar compensation because he later worked for a school district, there was no evidence of voluntary abandonment of the labor market, and his long-latency occupational diseases manifested after retirement.

Holdings

1. The Industrial Commission did not abuse its discretion because the medical reports, including Dr. Corriveau's report and follow-up, supported the finding that Limle was incapable of sustained remunerative employment based on his allowed conditions.
2. Predisability retirement does not bar permanent total disability compensation unless the claimant entirely retired from the labor market, and retirement does not defeat eligibility when disability results from a long-latency occupational disease that manifested after retirement.

Questions Presented

1. Whether the Industrial Commission abused its discretion by relying on medical reports that also listed nonallowed conditions in finding Limle medically incapable of sustained remunerative employment.
2. Whether Limle's retirement from DuPont before the onset of disability barred his eligibility for permanent total disability compensation.

Disposition

affirmed