State ex rel. Youghiogheny & Ohio Coal Co. v. Industrial Commission

Relator issues four challenges to the commission’s order, arguing that the commission: (1) lacked jurisdiction to consider claimant’s second application; (2) violated State ex rel. Ormet Corp. v. Indus. Comm. (1990), 54 Ohio St.3d 102, 561 N.E.2d 920; (3) lacked “some evidence” to support its order; (4) violated State ex rel. Noll v. Indus. Comm. (1991), 57 Ohio St.3d 203, 567 N.E.2d 245. These claims fail.

Relator initially argues that a denial of permanent total disability compensation should preclude the commission from later awarding such compensation absent an affirmative showing by the…