State ex rel. Yellow Freight System, Inc. v. Industrial Commission

An Industrial Commission TTD award is an abuse of discretion for which mandamus is the remedy where no evidence of record establishes the claimant’s eligibility. State ex rel. Bradley v. Indus. Comm. (1997), 77 Ohio St.3d 239, 242, 673 N.E.2d 1275, 1277. For the reasons that follow, we hold that no evidence attributes Richards’s medical condition to his lumbosacral strain and that the commission abused its discretion by awarding him TTD. Accordingly, we reverse and grant the writ.

The receipt of TTD “rests on a claimant’s inability to return to his or her former job as a direct result of an…