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State ex rel Fries v. Administrator6/25/2002
erapist, optometrist, or any other person currently licensed and duly authorized to practice within their respective health care field. R.C. 4757.21 states:
A person licensed under this chapter to practice as a professional clinical counselor or a professional counselor may diagnose and treat mental and emotional disorders, except that a professional counselor may do so only under the supervision of a psychologist, psychiatrist, professional clinical counselor, or independent social worker. A profes-sional clinical counselor or professional counselor may engage in the private practice of professional counseling as an individual practitioner or as a member of a partnership or group practice.
Clearly, under the HPP, a licensed professional clinical counselor is not a physician as defined at Ohio Adm.Code 4123-6-01(D). A licensed professional clinical counselor could be viewed as a "practitioner" under Ohio Adm.Code 4123-6-01(F). While a physician is a practitioner under the HPP, those terms are obviously not equivalent. In other words, even if Ms. Schwartz, as a licensed professional clinical counselor, can claim "practitioner" status under the HPP definition, she is clearly not a "physician."
In short, under the law, a licensed professional clinical counselor is not competent to certify TTD for purposes of workers' compensation.
Accordingly, for all the above reasons, it is the magistrate's decision that this court issue a writ of mandamus ordering respondent Industrial Commission of Ohio to vacate its order denying TTD compensation as of September 15, 1998, and to enter a new order, in a manner consistent with this magistrate's decision, that adjudicates relator's motion for TTD compensation.
KENNETH W. MACKE, MAGISTRATE
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