State ex rel. Singleton v. Industrial Commission

Claimant seeks to compel an award of permanent total disability compensation consistent with State ex rel. Gay v. Mihm (1994), 68 Ohio St.3d 315, 626 N.E.2d 666. Alternatively, he seeks a return of the cause to the commission for further consideration and an amended order. We deny both requests and affirm the judgment below.

Claimant’s challenge rests on the erroneous belief that the commission was bound by Farrell’s vocational assessment. Part of the commission’s authority to weigh and evaluate evidence, however, is the freedom to reject it as unpersuasive. Particularly as to vocational…