State ex rel. LeVan v. Young's Shell Service

Three issues are presented: (1) Did the commission abuse its discretion in excluding claimant’s preexisting personality disorder from its permanent total disability analysis? (2) Did the commission’s order satisfy Noll? and (3) Is claimant entitled to relief pursuant to State ex rel. Gay v. Mihm (1994), 68 Ohio St.3d 315, 626 N.E.2d 666? We answer all three questions in the negative.

The first issue has been resolved by State ex rel. Whetstone v. Bonded Oil Co. (1995), 73 Ohio St.3d 205, 652 N.E.2d 762. At issue there was the directive in State ex rel. Stephenson v. Indus. Comm. (1987), 31…