State ex rel. Hutt v. Frick-Gallagher Mfg. Co.

This case presents facts which are strikingly similar to those found in the case of State, ex rel. Mitchell, v. Robbins & Myers, Inc. (1983), 6 Ohio St. 3d 481. In the instant case, as in that case, the reasoning forwarded by the commission in its order denying the claim and the reasoning now advanced upon appeal are markedly different. The order in the instant case simply stated that “the claimant is not permanently and totally disabled.” The commission now argues that appellant is not permanently and totally disabled as the result of the allowed conditions, even though he may well be…