State Ex Rel. Stanek v. Industrial Commission of Ohio

This is an original action in mandamus in which relator, William R. Stanek, seeks an order directing the Industrial Commission to award him workers’ compensation for impairment of his earning capacity pursuant to R.C. 4123.57(A).

Relator’s claim was allowed for a May 28, 1973 injury to his back, head, and shoulders, and he received temporary total disability benefits. The commission later determined that he was thirty percent permanently and partially disabled as the result of the recognized injury, and that percentage was subsequently increased to fifty percent. Relator filed an election to…