State ex rel. Wilson v. Industrial Commission

Claimant contests the validity of the commission’s order and asserts a right to permanent total disability compensation pursuant to State ex rel. Gay v. Mihm (1994), 68 Ohio St.3d 315, 626 N.E.2d 666. Upon review, we reject claimant’s challenge and affirm the judgment of the court of appeals.

The commission confines itself to Dr. Reynolds’s report with respect to claimant’s allowed conditions. Dr. Reynolds assessed a low, twenty percent permanent partial impairment and found claimant capable of sedentary and light work. There is thus “some evidence” of a medical ability by claimant to perform…