State ex rel. Bowling v. National Can Corp.

Claimant seeks to compel an award of permanent total disability compensation pursuant to State ex rel Gay v. Mihm (1994), 68 Ohio St.3d 315, 626 N.E.2d 666. The commission seeks to uphold its order as is. For the reasons to follow, we find in the commission’s favor.

Medically, Dr. Kackley anchors the commission’s conclusion that claimant is physically capable of sustained remunerative employment. Equally important, the only evidence that claimant’s psychological condition was work-prohibitive was properly rejected by the commission. Thus, there was “some evidence” supporting the commission’s…