State ex rel. Kelsey Hayes Co. v. Grashel

{¶ 22} I respectfully dissent. I believe that the record contains evidence supporting the Industrial Commission’s decision in 2009 that Arthur Grashel left the workforce in September 2004 because of increased symptoms related to the allowed conditions in his industrial claim. Therefore, I agree with the court of appeals that the commission did not abuse its discretion when it determined that Grashel had not voluntarily abandoned the workforce.

{¶ 23} The majority opinion states that the commission conclusively established in 2005 that Grashel’s increased symptoms were due to his history of…