Tenth District Court Of Appeals Vacates PTD Award

In State ex rel. Dana Driveshaft Mfg., L.L.C. v. Ford, 10th Dist. No. 12AP-941, 2013-Ohio-4053, the 10th District Court of Appeals vacated the Commission’s PTD award because there was not “some evidence” rendering the claimant permanently and totally disabled as a matter of law.  In granting the PTD award, the Commission relied on two reports authored by the claimant’s treating physician, neither of which report set forth the allowed conditions in the claim.  The court remanded the matter to the Commission for further hearing to address disability based on the remaining medical reports and the non-medical vocational factors.   Read the case here.



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