State ex rel. Soto v. Industrial Commission

The commission concedes that its order does not adequately explain its reasoning, contrary to Noll, supra. We must decide whether to: (1) return the cause for further Noll proceedings or (2) issue a writ compelling a permanent total disability compensation award pursuant to State ex rel. Gay v. Mihm (1994), 68 Ohio St.3d 315, 626 N.E.2d 666. Upon review, we elect the latter option.

Gay dispenses with commission “remand” in those situations where the commission’s result simply cannot be justified by any evidence of record. In this case, claimant, at best, is limited to work that does not entail…