State ex rel. Davakis v. Gen. Fireproofing Co. - Ohio Supreme Court Opinion - Ohio Supreme Court Decision

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THE STATE EX REL. DAVAKIS, APPELLANT AND CROSS-APPELLEE, v. GENERAL
FIREPROOFING COMPANY ET AL.; INDUSTRIAL COMMISSION OF OHIO, APPELLEE AND
CROSS-APPELLANT.
[Cite as State ex rel. Davakis v. Gen. Fireproofing Co. (1998), ___ Ohio St.3d
___.]
Workers' compensation -- Court of appeals' judgment affirmed.
(No. 97-1549 -- Submitted August 19, 1998 -- Decided October 14, 1998.)
APPEAL and CROSS-APPEAL from the Court of Appeals for Franklin County, No.
96APD01-34.
__________________

Green, Haines, Sgambati, Murphy & Macala Co., L.P.A., Ronald E. Slipski
and Steven L. Paulson, for appellant and cross-appellee.

Betty D. Montgomery, Attorney General, and Cecille Caluya Harris,
Assistant Attorney General, for appellee and cross-appellant.
__________________

The judgment of the court of appeals is affirmed consistent with the opinion
of the court of appeals.

MOYER, C.J., PFEIFER, COOK and LUNDBERG STRATTON, JJ., concur.

DOUGLAS, RESNICK and F.E. SWEENEY, JJ., dissent.
__________________

ALICE ROBIE RESNICK, J., dissenting. I would reverse the judgment of the
court of appeals on the issue of permanent total disability ("PTD"), since there is
no credible evidence supporting a finding that claimant is capable of any sustained
remunerative employment. I would, however, return the cause to the commission
to adequately consider and explain the issue of whether claimant's retirement was

voluntary, with instructions that if claimant's retirement is found to be injury-
induced, an order granting compensation for PTD shall be entered.

I would affirm on the issue of temporary total disability pursuant to State ex
rel. Russell v. Indus. Comm. (1998), 82 Ohio St.3d 516, 696 N.E.2d 1069.

DOUGLAS and F.E. SWEENEY, JJ., concur in the foregoing dissenting
opinion.

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