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the mercer county chronicle

October 28, 2010 • Page 11

State Supreme Court Issues...

Physical therapy & Workers Comp Coldwater saw its season come to a close in sectional action last week as the lady Cavaliers
fell to Crestview 2-0. Madison Etzler had both lady Knight goals on the day. Megan Foster
In 2004, when Laura forbids a physical therapist therapy is a narrow health had nine saves for the Knights and Krista Wellman recorded six for Coldwater. The Cavaliers
Horvat was awarded to make a “medical specialty limited in scope. end the season with a record of 5-10-1.
workers’ compensation diagnosis of a patient’s The Tennessee court Celina advanced to the district tournament with a 6-0 win over Wapakoneta on Saturday.
for an injury that occurred disability.” Furthermore, wrote, “A physical therapist Lexi Mills had a hat trick for the lady Bulldogs while Emily Pottkotter recorded two goals.
through her job at Cambridge our court – through a is not qualified to form Katie Stahl had the other Celina goal. Celina is now 14-1-2 on the season.
Home Health Care, Inc., it number of previous cases – and express an expert
led to a legal battle that has restricted determinations opinion as to the permanent BOYS SOCCER
brought her case before us – on impairments to doctors. impairment or permanent
the Supreme Court of Ohio. Second, while the law in physical restrictions of an Celina recorded a 2-1 win over Elida in sectional action at Lima Shawnee High School. Cary
Laura’s workers’ question is silent as to the injured person. A physical Miller had both goals for the Bulldogs. The Bulldogs, though, saw their season come to an end
on Saturday as Celina fell to Wapakoneta 2-1 in a shootout. Brock Schmidt had the lone goal
compensation claim was proof required, a review of therapist’s testimony must for Celina, which ends the year 11-4-2.
allowed for a right wrist that law in its entirety favors be limited to objective
sprain with arthritis. She Cambridge Home Health findings and cannot

later filed a motion for Care’s position. Under the encompass an opinion on
compensation for the loss of law, every claimant who ultimate disability.”
use of her hand. In support applies for permanent partial A United States Court of
of that claim, she submitted disability compensation Appeals reached the same
a functional-capacities must have an agency medical result in an automobile
evaluation prepared by examination – which means negligence lawsuit. And
physical therapist Barbara an examination by a doctor. federal regulations have long
Hornbeek. It defies logic to suggest, excluded physical therapists 015 Card of Thanks 040 Notices 040 Notices 050 Work Wanted
The report noted that for example, that a 2 percent from the list of “acceptable
Laura’s right hand was permanent partial disability medical sources” authorized VERSARY?

incapable of performing award must be supported to “provide evidence to help you in time of need? what you will find at Re- new furniture and mat - here! Call 419-678-2324
Did someone BARGAINS?*** That!s HART!S Furniture. All have a skill, advertise it

maneuvers that required by a physician’s report, establish an impairment” Thank them with a Card of play Consignment Shop tresses on sale. Large se- for details or stop in the of-
dexterity or repetition. but a loss-of-use award in Social Security disability Thanks in the Mercer located in downtown St. lection of clean used fur- fice today. Mercer County

Hornbeek felt that these generating 175 weeks of cases.

County Chronicle. Call Mary!s on the corner of niture. 200 East Main, Chronicle,124 W. Main
the office today at Spring and Vine Street at Van Wert (419)238-5079 Street, Coldwater, Ohio
restrictions were permanent, benefits does not. And a Federal regulations 419-678-2324 for details. 702 E. Spring St. You will 45828
although she did report that physical therapist, of course, include physical therapists find lots of new and gently
Laura’s performance was is not a doctor. among “other sources” on 020 For Rent
used Men!s, Women!s,

O N 045
Teen!s and Children!s Construction. Standing
not entirely substantiated by Courts in other states which the agency may rely clothing NOW seam metal, painted steel

objective findings and that at have also disqualified to “show the severity of HOMES FOR RENT... while supplies last. Cur- JD!S SALVAGE. Wanting siding and replacement
CLEARANCE. Hurry in and shingle roofing, vinyl

points, Laura’s performance physical therapists from an impairment and how it Apartments for rent...tents rently accepting Fall & to buy running/non-run- windows. New construc-
may have been self-limited. offering disability or affects an individual’s ability sky!s the limit. Call Winter apparel in all sizes. and
for for rent...the ning cars, trucks, ATV! s tion and remodeling.

impairment conclusions. to work.” Accordingly, 419-678-2324 to place information:

motorcycles. Free C h a r l e s Keen
The physical therapy
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pickup! 765 509-0355 260-335-2236.
report did not comment The Tennessee Supreme physical therapist opinions your classified ad today!

on the degree of loss or Court ruled that a physical cannot be used to establish or call (419) 300-8847

whether Laura had a total therapist’s permanent partial the existence of a disability; 025 For Sale
Hours: Tuesday-Friday
12:00 noon to 6:00 p.m.
050 Work Wanted STATE CERTIFIED Scale
Buying, hauling away junk,
loss of use of her hand. impairment assessment they can be considered Saturday 10:00 a.m. to wrecked, used vehicles.

could not be used as evidence only in conjunction with REFRIGERATORS,

3:00 p.m. Find us on GIROD!S CONSTRUC- Scrap metal of all kinds.
When Cambridge Home Facebook. TION -Amish Crew. All Roll-off container services.
Health Care had the physical in a workers’ compensation a doctor’s report to help RANGES, washers, dry- AT CANALSIDE Book types of construction work. 24 hour towing. Selling
therapy report reviewed case. The court said determine the disability’s Rich and Ginny!s, 208 Shop. Thousands of used Additions,
ers. Nice, clean, used. remodeling, used and new parts.

severity. They are “entitled East Wiggs Street, Fort books! Low prices! 115 foundation and floor re- and Salvage LLC (419)
pole barns, basements, III Sons Towing, Hauling
by Dr. Scott E. Singer, a health professionals were
licensed physician, he competent “to testify as an to consideration as additional Recovery, (419) 375-4173 West Spring Street, St. pair. Driver number 363-2277.
concluded that Laura’s level expert only as to matters evidence, but are not entitled
Mary!s (419) 300-2665 260-849-1581. Please

035 Help Wanted

to controlling weight.”
IRONBEAR MARTIAL leave a message.
of function – as recorded by within the limited scope Arts and Self Defense.
GUTTERING. For all your

Hornbeek – did not meet the of his or her expertise and In Laura’s case, the Free tryout at Celina
guttering and leaf cover
needs. Call us for a free
standard for loss of use. licensure.” staff hearing officer relied an in-home child care pro- membership required.
WOULD YOU like to be YMCA in Celina. No GOODHEW'S ALL SEA-
quote. Call Jim at
A staff hearing officer for Tennessee’s law solely on a physical therapy vider? Let us help. Call Teaching children and SON CONSTRUCTION. 260-997-6774 or Steve at

the Industrial Commission permitted physical report to award 175 weeks YWCA Child Care Re - adults. Call Dave Weaver pair? We specialize in
Need a new roof or a re- 260-997-1414.

therapists to evaluate and of compensation for alleged source

roofs. We also install sid- 055
of Ohio – which handles and Referral at (419)584-1958. standing seam metal
Flea Market
such matters – nevertheless treat individuals “using loss of the use of a hand. 419-225-5465.
1-800-922-2916 o r
Great workout
specific means and narrowly The Industrial Commission
ing and gutters. No job
awarded Laura 175 weeks of too big or too small. Gen- GOING TO A FLEA MAR-
compensation for total loss defined methods.” The law conceded that this was an IS YOUR AD HERE? eral handyman. 25 years KET? Want people to
of use, relying exclusively specifically prohibited the abuse of discretion, and
experience. Locally know you are going to be

on the physical therapy practice of medicine, and our review supported that Call today owned and operated. Call selling your merchandise?
for a free estimate Call 419-678-2324 to
report. Cambridge Home with only a very limited conclusion. 419-678-2324 765-509-0191 o r place your classified ad to-

Health Care requested a exception, authorized We accordingly vacated

765-857-7004. day!

reconsideration of that physical therapy only upon the Industrial Commission’s
decision, but the request referral by a physician. original order and instructed
was denied. After that, the This referral requirement it to further consider Laura’s
company commenced court
The issue in the case was
prompted the court to
conclude that physical
motion and to issue a new
order. THE WEB! SHOP
not the extent or severity of YOUR WEEKLY SHOPPING DIRECTORY Online 24/7
Laura’s injury, but rather the TO THE WEBSITES OF LOCAL BUSINESSES

Assisted Living AutomobiLe PArts

hearing officer’s exclusive
reliance on a physical
therapy report to award 175 Ohio’s Quality Dealer for 2010
weeks of compensation.
Cambridge Home Health
Care argued that a loss-of- USED Briarwood Village Williams Auto Parts, Inc.
use award must be supported
by a physician’s report and
VEHICLES 100 Don Desch Dr., Coldwater 419-678-2311 127 Detroit Ave., Portland, IN 800-669-5762
cannot be based solely on a 2010 CHRYSLER TOWN & COUNTRY
physical therapy report.

The Industrial
Commission eventually
Mon., Tues., Thurs., Fri.
7 A.M. - 5 P.M. The Gardens at St. Henry
came to agree that the 3 IN STOCK
Wed. 7 A.M. - 8 P.M.
hearing officer erred, and Touring, all pwr. doors,
Sat. 7:30 A.M. - 1 P.M.
522 Western Ave., St. Henry 419-678-9800
the Commission joined NADA $24,075
Loaded! YOURTrade
Local CHOICE... The Mercer County Chronicle
$17,988 CARS
Cambridge Home Health 2009 Chev. Impala LTZ

Care in asking us to vacate 29,000 MI .......... $17,900
124 W. Main St, Coldwater • 419-678-2324
Laura’s compensation 2008
Impala Accord LT EXL
award. Laura responded
19,000MI ..........
miles $15,900
that the hearing officer 3I

FArm equiPment
09 Honda Accord
Mazda CX-7EX-L
did not rely simply on the
physical therapist’s report
12,000 M • 14,900
$ $20,800
Bud’s Chrysler, Dodge, Jeep
and that even if he did, that P/Sunroof..........
31,000 $17,200
MI.......... $18,200
New Certified & Pre-Owned Sales, Service & Parts
reliance was not fatal to her SR5, dbl. cab, 32K miles, full power, 2 WD “YOU CAN’T BEAT A BUD’S DEAL”
09 Nissan
Gr. Prix S 419-586-7000
Hull Brothers Inc.
2007 GXP
cause. NADA $26,200
Loaded! Local YOUR PRICE...
Trade 29,000 miles,
By a seven-to-zero vote,
28,000 MI .......... $15,500
P/Sunroof.......... $22,500
2007 Chrysler
we agreed with the position 08 Nissan Altima 2.5SL
taken by Cambridge Home 2011 KIA SORENTO LX
Town & Country
Navigation Touring
.......... $18,800 C.A.R.S. 520 E. Boundary St., Ft. Recovery • 800-336-8279
Health Care. 08 34,000
Toyota MICamry
.......... $14,900
Hybrid Repair Pictures, Sales
Contrary to Laura’s

2007 Buick
31,000 ..... $17,500
miles CXL 419-678-4949 Prices & Options 419-678-3969
representation, the hearing 07 30,000
ChevMI Impala LT
.......... $17,800 SEE ALL WE CAN DO FOR YOU!
officer did rely exclusively 2008 Suzuki
41,000 milesXL-7..... $12,200
on the physical therapy 07ADW;
34,000G6 MI ... GT $16,500

Hastings Auto Sales Gels IGA

20K miles, 4 WD, full power
report. The closing line NADA $30,300 YOUR PRICE...
leather ...... $12,500
Loaded! Local Trade
of the report – which is 07 Pontiac G6 GT
Town & Country
all standard boilerplate 37,000 miles ..... $12,200
Signature Series .......... $21,700 110 S. Wayne St., Ft. Recovery 419-375-4617 451 Stachler Dr., St. Henry • 419-678-4249
language – states, “All proof 07 Buick Lucerne CXL “YOUR ONE STOP SHOP SERVING OUR FRIENDS
on file was reviewed and 2009 TOYOTA CAMRY HYBRID 11034,000
South Wayne
miles Street

considered.” This is not, as Fort Recovery, Ohio

HosPice cAre
Laura claimed, proof that
Kerns Ford, Lincoln-Mercury
the hearing officer implicitly
Dodge Journey SXT
relied on other evidence in • Pictures • Prices • Options
13,000 miles ..... $20,800 1000 W. Logan St., Celina • 419-586-5191 • 800-211-9667
the file. 39K miles, pwr. seat, wheels
10 Hyundai “A $200 gas card with any used vehicle purchase”
The reliance on a single NADA $19,900
Loaded! Local YOUR PRICE...
Santa Fe GLS AWD State of the Heart Hospice
physical therapy report
is an abuse of discretion $16,689 7,600 miles,

Ken Kunkle
AWD..................$20,800 230 W. Main St., Coldwater 419-678-4808 • 800-584-9853
for several reasons. First, 10 Dodge Gr.
regardless of whether a loss-
Caravan SXT
Chevrolet, Cadillac
of-use award is considered Largest and Cleanest Selection of Pre-owned in the Area

28,000 miles ..... $19,800
Downtown Portland, IN 800-726-8110
an impairment award or 08 Dodge Caliber R/T
a disability award – it has 18,000 miles ..... $14,200
elements of both – a physical 07 Buick Rendezvous
St. Marys
20K miles, FWD, all options
therapist is prohibited from
Fox Photography
NADA $25,800
Loaded! Local YOUR PRICE...
Trade Leather ............. $15,500
giving an opinion on either. Chrysler, Dodge, Jeep, Inc.
The Ohio General $22,850 110 S. Wayne St.
Ft. Recovery, Ohio 500 McKindley Rd., St. Marys
Assembly has prohibited 419-394-7970 • 800-589-8073
208 E. First St., Rockford • 419-363-3860
physical therapists Videos of all inventory 419-375-4617
from issuing disability
conclusions. In fact, the VISIT US 24/7
pertinent law specifically 419-586-6161 • Pictures •Prices •Options Call 419-678-2324 to be in next week’s directory!