State ex rel. Haddix v. Industrial Commission

Claimant seeks a writ of mandamus to compel a permanent total disability award that is consistent with our recent decision in State ex rel. Gay v. Mihm (1994), 68 Ohio St.3d 315, 626 N.E.2d 666. The commission wants its order reinstated, and essentially contends that Noll has not been violated. Upon review, we favor claimant’s position.

As is true with all disputes arising under Noll and Gay, the success of claimant’s permanent total disability application rests on the interpretation given his nonmedical disability factors. In this case, the commission’s order is internally inconsistent.

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