State ex rel. Hartness v. Kroger Co.

Where no evidence establishes that the claimant is capable of sustained remunerative employment, the commission’s denial of PTD represents .an abuse of discretion, and a writ of mandamus must issue to correct the abuse. State ex rel. Yancey v. Firestone Tire & Rubber Co. (1997), 77 Ohio St.3d 367, 673 N.E.2d 1374. Here, the parties do not dispute the evidence that shows Hartness’s permanent, but only partial impairment, which Dr. Meyn assessed as a “31% whole man impairment” and Dr. Lim assessed at “45% * * * based on the body as a whole.” Instead, they argue over whether the commission…