Commission Abused Discretion in Resetting Start Date for PTD Award

An Ohio appellate court ruled that the Industrial Commission abused its discretion in adjusting the start date for a worker’s permanent total disability award based upon the report of a physician, which the commission had not relied upon to find the worker permanently and totally disabled. Case: State ex rel. AVI Food Systems v. Industrial Commission, No. 17AP-14, 11/21/2017, published. Facts: Paul Zapol injured his back in December 2010 while working for AVI Food Systems. The Bureau of Workers’ Compensation determined he was entitled to benefits for a lumbar sprain, a ...