State ex rel. Jarrett v. Industrial Commission

Claimant seeks a writ of mandamus to compel an award of permanent total disability compensation. See State ex rel. Gay v. Mihm (1994), 68 Ohio St.3d 315, 626 N.E.2d 666. The commission and employer seek reinstatement of the commission’s order. For the reasons to follow, we affirm the judgment below.

We find initially that the commission’s order violates Noll. Claimant has a fairly low physical impairment and is relatively young — factors that militate against permanent total disability. The commission’s order, however, also lists claimant’s extremely limited education and unskilled work…