State ex rel. Simon v. Indus. Comm

In State ex rel. Simon v. Indus. Comm., 71 Ohio St.3d 186, 1994 Ohio 203, 642 N.E.2d 1096, the commission denied TTD compensation for the period February 25, 1988 through May 3, 1990, on grounds that the claimant was not being treated by any physician over that period. However, the commission did award TTD compensation beginning May 4, 1990 based upon a report from a Dr. Weinstein. In mandamus, the claimant challenged the commission's denial of TTD compensation for the period February 25, 1988 through May 3, 1990. The claimant argued that the lack of treatment does not necessarily equate to a lack of disability. The Simon court states: While a lack of treatment may not always equate to a lack of disability, it can, as here, equate to a lack of proof thereof. The commission did not abuse its discretion in rejecting Dr. Weinstein's 1988 report, since he addressed neither claimant's ability to return to his former position of employment nor the temporariness of claimant's condition. That report also noted that the only symptomatic condition at that time was a wrist injury unrelated to the claim at issue. Id. at 188.