State ex rel. DeZarn v. Industrial Commission

Claimant seeks to compel a permanent total disability compensation award pursuant to State ex rel. Gay v. Mihm (1994), 68 Ohio St.3d 315, 626 N.E.2d 666. For the reasons to follow, we deny the claimant’s request and affirm the judgment of the court of appeals.

Preliminary to any consideration of Gay relief is a finding that Noll has not been met. State ex rel. Sebestyen v. Indus. Comm. (1994), 71 Ohio St.3d 36, 641 N.E.2d 197. In this case, the commission clearly articulated its reason for the denial of permanent total disability compensation — claimant’s age, not injury, was deemed to be the…