State Ex Rel. Kelly v. Industrial Commission

Relator, John R. Kelly, seeks a writ of mandamus directing the Industrial Commission to award him permanent total disability benefits, on the ground that the commission abused its discretion by entering an order denying him those benefits, since the order was not supported by any evidence.

Relator’s workers’ compensation claim for a low back injury sustained in 1968 was allowed, as was his subsequent claim for psycho-physiological mus-culoskeletal reaction secondary to the original back injury. His motion for a permanent total disability award was denied by the Industrial Commission “based on…