Narrative Opinion Summary
In this case, the appellant challenged the authority of the industrial commission to require a medical examination while her appeal was pending. The court examined the provisions of R.C. 4123.53 and found that the commission's power to mandate such examinations was not suspended by the filing of an appeal. The court emphasized that statutory language should be interpreted as written, without introducing conditions not explicitly stated by the legislature. Additionally, the appellant argued that she was denied a hearing for a commission order issued after she refused a psychological examination, citing R.C. 4123.515. However, the court clarified that this statute is applicable only to initial determinations, not subsequent orders. The appellant also failed to provide an adequate justification for missing a scheduled examination and neglected to utilize procedural options to address her non-compliance. Consequently, the court affirmed the lower court's decision to deny the writ, underscoring the claimant's obligation to comply with examination requirements and the commission's ongoing authority to enforce such mandates.
Legal Issues Addressed
Application of R.C. 4123.515subscribe to see similar legal issues
Application: The appellant's reliance on R.C. 4123.515 was deemed inappropriate as the statute applies only to initial determinations, not to subsequent orders following a refusal to comply with examination requirements.
Reasoning: The appellant claims she was denied a hearing before the commission's February 17, 1982 order, referencing R.C. 4123.515, which the court has previously ruled pertains only to initial claim determinations.
Authority of Industrial Commission under R.C. 4123.53subscribe to see similar legal issues
Application: The court upheld that the industrial commission retains the authority to require medical examinations of claimants at any time, regardless of pending appeals.
Reasoning: According to R.C. 4123.53, the industrial commission is permitted to require any employee claiming compensation to undergo medical examinations 'at any time,' with the caveat that refusal or obstruction can lead to suspension of compensation rights.
Duty of Claimants to Attend Medical Examinationssubscribe to see similar legal issues
Application: The appellant failed to justify her non-attendance at a required medical examination and did not utilize available procedures to contest or reschedule the examination.
Reasoning: Moreover, the record lacks any justification from the appellant regarding her failure to attend a scheduled June 15, 1981 medical examination. She had the option to submit a motion to the commission or request a special hearing, but did not pursue these avenues.
Interpretation of Statutessubscribe to see similar legal issues
Application: The court refused to interpret the statute in a manner that would suspend the requirement for a medical examination during an appeal, emphasizing adherence to the statute's clear language.
Reasoning: The statute does not indicate that an appeal halts this requirement. The court will not alter the statute by inserting any conditions regarding pending appeals, as it adheres to the principle that clear statutes should not be amended through interpretation.