In the case of State ex rel. Mignella v. Indus. Comm., Slip Opinion No. 2019-Ohio-463, the Supreme Court of Ohio held that the Ohio Industrial Commission (“Commission”) may require an applicant for disability benefits from the Bureau of Worker’s Compensation to submit to a second medical examination when the Commission identifies why another medical examination is necessary or would be helpful.
This case involved a public school teacher who fell while teaching at the school. The teacher requested worker’s compensation benefits and submitted to a medical examination by a Commission-selected doctor. The Commission discovered that the doctor did not apply the appropriate standards in the examination and subsequently requested that the teacher submit to a second medical examination. The teacher refused the second medical examination arguing that the Commission did not have the right to order a second medical examination. In response, the Commission suspended the teacher’s application for disability compensation until the teacher complied.
The Ohio Supreme Court rejected the teacher’s attempt to force the Commission to process the application through court adjudication, holding that the worker’s compensation statute “did not specifically limit the number of examinations that the commission could schedule on a particular issue.” Mignella at ¶ 10. The Ohio Supreme Court further held that the Commission can require a second medical examination when it can identify “why another examination of [the teacher] is necessary or would be helpful.” Id. at ¶ 13.
To read the Supreme Court’s opinion, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.