State ex rel. Ohio Building Restoration, Inc. v. Industrial Commission

It is undisputed that the commission’s boilerplate recitation of nonmedical disability factors in granting claimant permanent total disability compensation violates State ex rel. Noll v. Indus. Comm., supra. Noll noncompliance, however, does not automatically warrant a return of the cause for additional consideration and amended order. Where medical factors alone preclude sustained remunerative employment, the commission’s failure to comply with Noll is excused. State ex rel. Galion Mfg. Div., Dresser Industries, Inc. v. Haygood (1991), 60 Ohio St.3d 38, 573 N.E.2d 60.

The appropriateness of…