State ex rel. Matheney v. Central Ohio Coal Co.

In this appeal as of right, Paul A. Matheney, appellant, seeks a writ of mandamus ordering appellee Industrial Commission of Ohio to vacate its order denying his election for impaired earning capacity compensation (“IEC”) under former R.C. 4123.57(A) and to grant him this compensation. The court of appeals denied the writ, finding that Matheney’s lack of any desire to find work disqualified him from receiving IEC. We affirm.

Matheney sustained an industrial injury to his back in 1976 while working for appellee Central Ohio Coal Company. His workers’ compensation claim was allowed for “low back…