State Ex Rel. Hawkins v. Indus. Comm., Unpublished Decision (7-23-2002)

While the oral argument given by relator's counsel was persuasive, I can find no authority to support the adoption of the proposed reasoning. While there are a variety of ways to show a desire to earn, the Ohio Supreme Court has made clear that relator has this burden. State ex rel. CPC Group, General Motors Corp., v. Indus. Comm. (1990), 53 Ohio St.3d 209; State ex rel. Pauley v. Indus. Comm. (1990), 53 Ohio St.3d 263.

In this case, the commission was within its discretion to find that relator did not demonstrate the requisite desire to earn.

APPENDIX A

IN MANDAMUS

In this original action,…