State ex rel. Wilcox v. Ashtabula County Highway Department

Both parties agree that the commission abused its discretion. The commission concedes that its order does not comply with State ex rel. Noll v. Indus. Comm. (1991), 57 Ohio St.3d 203, 567 N.E.2d 245. The claimant, conversely, alleges a lack of some evidence supporting the commission’s order.

Both parties are correct. The commission’s boilerplate recitation of nonmedical disability factors does not satisfy Noll. Noll noncompliance, however, is overshadowed by the lack of “some evidence” supporting the commission’s order. The only evidence relied on by the commission is the September 26, 1988…