State ex rel. McGee v. Industrial Commission

The medical evidence relied on by the commission found claimant medically capable of sedentary labor. The success of claimant’s permanent total disability application turns, therefore, on the commission’s interpretation of his nonmedical factors. Given the medical evidence relied on, the denial of permanent total disability compensation was necessarily predicated on the conclusion that the totality of claimant’s nonmedical factors was vocationally favorable. Based on our recent decision in State ex rel. Gay v. Mihm (1994), 68 Ohio St.3d 315, 626 N.E.2d 666, we find that the commission abused…