State ex rel. Lopez v. Industrial Commission

Both parties contest the appellate court’s decision to return the cause to the commission. Claimant apparently seeks a writ of mandamus to compel a permanent total disability award consistent with our decisions in State ex rel. Galion Mfg. Div., Dresser Industries, Inc. v. Haygood (1991), 60 Ohio St.3d 38, 573 N.E.2d 60, or State ex rel. Gay v. Mihm (1994), 68 Ohio St.3d 315, 626 N.E.2d 666. The commission wants the order upheld. For the reasons to follow, the appellate court judgment is affirmed.

Central to claimant’s position is the removal of Dr. Katz’s report from evidentiary…