State ex rel. Brown v. Industrial Commission

The issue presented by this mandamus action is whether the commission improperly ordered relator’s permanent total disability compensation suspended while relator is incarcerated in a penal institution of this state. For the reasons which follow, we find that the commission suspended relator’s compensation contrary to law.

As a preliminary matter, we note that in its order suspending relator’s compensation, the commission relied upon R.C. 4123.54. It is apparent that the commission was relying upon the last paragraph of R.C. 4123.54(B), which was added to the statute effective August 22, 1986.…