State ex rel. Marmaduke v. Ohio Police & Fire Pension Fund (Slip Opinion)

{¶ 1} We affirm the Tenth District Court of Appeals’ denial of a writ of mandamus to appellant, Robert G. Marmaduke II. Marmaduke seeks a writ ordering appellees, the Ohio Police and Fire Pension Fund (“OP & F”) and its board of trustees, to vacate the board’s order awarding him a permanent-partial-disability benefit and to enter an order awarding him a permanent-total-disability benefit.

{¶ 2} There is some evidence in the record that Marmaduke was able to perform the duties of a gainful occupation despite his disabling, duty-related conditions. Therefore, the court of appeals was correct in…