State Ex Rel. Wyrick v. Industrial Commission

{¶ 1} Charles G. Wyrick appeals the judgment of the court of appeals denying his request for a writ of mandamus that would require appellee Industrial Commission to award scheduled loss benefits for the loss of use of his left arm. Wyrick argues that the commission abused its discretion when it relied on the report of Dr. D. Ann Middaugh as evidence that Wyrick had retained some use of his left arm to deny his request for benefits under R.C. 4123.57(B).

{¶ 2} We agree that the commission abused its discretion when it relied on the report of Dr. Middaugh. Consequently, we reverse the judgment…