State ex rel. LTV Steel Co. v. Industrial Commission

Because the reports filed by Dr. Kang should have been considered signed, the court of appeals erred below. Dr. Kang’s reports could constitute some evidence upon which the commission could base its order. However, we agree with the magistrate below that the cause should be returned to the commission to determine the voluntariness of claimant’s retirement.

The appellate court based its decision on several cases that dealt with reports that were completely unsigned. In State ex rel. Brown v. Indus. Comm. (1983), 13 Ohio App.3d 178, 179, 13 OBR 213, 214, 468 N.E.2d 777, 778, the report at issue…