State ex rel. Honda Transm. Mfg. of Am., Inc. v. Indus. Comm. - Ohio Supreme Court Opinion - Ohio Supreme Court Decision

	ROMINGER LEGAL
		Ohio Court Cases and Opinions - Ohio Legal Research
					Need Legal Help?
					Need Legal Help?
LEGAL RESEARCH CENTER
LEGAL RESEARCH CENTER			LEGAL HEADLINES - CASE LAW - LEGAL FORMS	NOT FINDING WHAT YOU NEED? -RESEARCH

This court case was taken from the web sites of the Ohio Courts. Search our site for more cases - CLICK HERE

LEGAL RESEARCH

COURT REPORTERS

PRIVATE INVESTIGATORS

PROCESS SERVERS

DOCUMENT RETRIEVERS

EXPERT WITNESSES

Find a Private Investigator

Find an Expert Witness

Find a Process Server

Case Law - save on Lexis / WestLaw.

Legal News - Legal Headlines

[Cite as State ex rel. Honda Transm. Mfg. of Am., Inc. v. Indus. Comm., 95 Ohio St.3d 95,
2002-Ohio-1934.]

THE STATE EX REL. HONDA TRANSMISSION MANUFACTURING OF AMERICA,
INC., APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLEES.
[Cite as State ex rel. Honda Transm. Mfg. of Am., Inc. v. Indus. Comm. (2002),
95 Ohio St.3d 95.]
Workers' compensation -- Application for wage-loss compensation pursuant to
R.C. 4123.56(B) -- Industrial Commission grants wage-loss
compensation even though claimant failed to present evidence of any job
search -- Court of appeals' finding that commission abused its
discretion without first determining whether claimant performed a good-
faith job search and returning cause to commission for consideration of
that issue and an amended order reversed, when -- Industrial
Commission ordered to vacate its order granting wage-loss
compensation pursuant to State ex rel. Gay v. Mihm.
(No. 00-2316 -- Submitted March 27, 2002 -- Decided April 24, 2002.)
APPEAL from the Court of Appeals for Franklin County, No. 99AP-1378.
__________________

Per Curiam. For an injury received in March 1993, claimant Forrest E.
Karg's workers' compensation claim has been allowed for "bursitis right
shoulder; impingement right shoulder and right carpal tunnel syndrome." In
August 1994, claimant complained to appellant-employer Honda Transmission
Manufacturing of America, Inc., that his job as a seat-line worker was aggravating
his shoulder pain. Honda reassigned claimant to a data entry job until September
1, 1994, when he was certified as temporarily and totally disabled by Dr. Peter
Hoy.

Claimant's employment with Honda ended a few weeks later, although
evidence conflicts somewhat as to why. There is no evidence that claimant

SUPREME COURT OF OHIO
worked for the next two and one-half years. In March 1997, he began working as
a pizza delivery driver for Domino's Pizza, at $5.50 an hour, far less than his
wages at Honda.

On January 8, 1998, claimant moved the Bureau of Workers'
Compensation for wage-loss compensation pursuant to R.C. 4123.56(B),
submitting pay stubs from Domino's. He offered no other evidence in support of
his application.

A district hearing officer for appellee Industrial Commission of Ohio
denied the application, finding that for the period beginning May 15, 1997 (when
new wage-loss guidelines became effective), claimant had made no attempt to
search for comparably paying work. A staff hearing officer reversed, granting the
wage-loss application for March 22, 1997 to July 22, 1999, and to continue upon
further proof. The staff hearing officer did not address the question of a good-
faith job search for comparable pay.

Honda filed a complaint in mandamus in the Court of Appeals for Franklin
County, alleging that the commission had abused its discretion in granting wage-
loss compensation. The court of appeals agreed that the commission had abused
its discretion in awarding wage-loss compensation without first determining
whether claimant had performed a good-faith job search. The court granted a
limited writ and returned the cause to the commission for consideration of this
issue and an amended order.

This cause is now before this court upon an appeal as of right.

The parties agree that under the facts of this case, claimant was required to
make a good-faith job search for employment paying a wage comparable to that at
Honda. Consequently, they agree that the commission abused its discretion in
failing to address this critical question. The sole issue before us then is whether to
return the cause to the commission for further consideration and amended order or
to proceed directly to judgment pursuant to State ex rel. Gay v. Mihm (1994), 68
2

January Term, 2002
Ohio St.3d 315, 626 N.E.2d 666. Our review convinces us that the latter course is
proper.

Claimant submitted only his wage statements from Domino's. He
presented no evidence of any job search, good-faith or otherwise. Thus, a return
to the commission for an adjudication of job-search adequacy is pointless.

The judgment of the court of appeals is reversed. A writ is issued ordering
the commission to vacate its order granting wage-loss compensation to claimant.
Judgment reversed
and writ granted.

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 affirm the judgment of
the court of appeals.

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

Vorys, Sater, Seymour & Pease, LLP, Bradley K. Sinnott and Corrine S.
Carman, for appellant.

Betty D. Montgomery, Attorney General, and Cheryl J. Nester, Assistant
Attorney General, for appellee Industrial Commission.
__________________
3