State ex rel. Paneto v. Matos

Summary

The Ohio Supreme Court affirmed the denial of Luiz A. Paneto’s request for scheduled-loss compensation for an alleged total loss of use of his left leg. The court held that his permanent-total-disability award, which was later terminated for fraud, did not constitute a new or changed circumstance warranting reconsideration, and that medical evidence supported the finding that he retained some use of the leg.

Holdings

1. Paneto's permanent-total-disability award did not constitute a new or changed circumstance sufficient to permit reopening of the previously denied scheduled-loss claim, particularly because the award had been terminated.
2. The Industrial Commission did not abuse its discretion in denying scheduled-loss compensation because medical evidence supported its finding that Paneto retained some use of his left leg.

Questions Presented

1. Whether Paneto's award of permanent-total-disability compensation constituted a new or changed circumstance permitting the Industrial Commission to reopen its final denial of scheduled-loss compensation under R.C. 4123.57(B).
2. Whether the Industrial Commission abused its discretion by denying scheduled-loss compensation after finding that Paneto retained some use of his left leg.

Disposition

affirmed