State ex rel. Tri County Business Servs., Inc. v. Croley

In State ex rel. Tri County Business Servs., Inc. v. Croley, Franklin App. No. 05AP-95, 2005 Ohio 6107, the commission had granted the claimant an award for the loss of one-half of his thumb. The Court adopted the decision of its magistrate and granted the request for a writ of mandamus. The magistrate's decision summarized the medical evidence as follows: According to the emergency services records, claimant sustained a loss of a 2 centimeter area of his thumb which included the radial corner of his distal phalanx. Pursuant to Dr. Kitzmiller's September 22, 2003 report, claimant's matrix nail is intact. The September 26, 2003 operative notes, signed by Dr. Kitzmiller, specifically indicate that following the surgery claimant's IP joint was flexed. Furthermore, the September 21, 2003 radiology report indicates that claimant sustained an amputation to the soft tissues of the tip of his thumb as well as a small portion of the lateral thumb tuft. Id. at P17. This court's magistrate in Tri County concluded: Given this court's interpretation of the statute, the magistrate finds that the commission did abuse its discretion in granting claimant a permanent partial award for the loss of one-half of his thumb where the evidence shows that claimant suffered a partial amputation of the distal phalanx which was not close to the IP joint and where the IP joint itself was able to be flexed.Id. at P19.