State Ex Rel. Swords v. Industrial Commission

Klatt, Judge.

{¶ 1} Relator, Willard E. Swords, commenced this original action requesting a writ of mandamus ordering respondent, Industrial Commission of Ohio (“commission”), to vacate its earlier order denying his request for permanent partial disability (“PPD”) compensation pursuant to R.C. 4123.57 for an impairment of earning capacity (“IEC”), and to issue an order granting that compensation. The purported basis for the commission to exercise continuing jurisdiction was the intervening decision of the Supreme Court of Ohio in State ex rel. Evenflo Juv. Furniture Co. v. Hinkle (2001), 91…