State ex rel. West v. Industrial Commission

Claimant seeks to compel permanent total disability compensation pursuant to State ex rel. Gay v. Mihm (1994), 68 Ohio St.3d 315, 626 N.E.2d 666. The commission wants its order upheld. For the reasons to follow, we find in favor of the commission.

Gay relief cannot be considered without a preliminary finding that Noll, supra, has not been satisfied. State ex rel. Sebestyen v. Indus. Comm. (1994), 71 Ohio St.3d 36, 38, 641 N.E.2d 197, 199. Asserting such noncompliance, claimant objects to the reasoning underlying the commission’s denial — that claimant’s limited academic skills do not preclude…