State ex rel. Ashcraft v. Industrial Commission

The issue presented by this appeal is whether the commission is authorized by virtue of its Resolution No. R80-7-57 to suspend *128consideration of appellee’s motion for temporary total disability benefits while he is incarcerated.

The court of appeals found that the resolution applied only to claimants who were incarcerated in the state of Ohio and thus could not operate to preclude consideration of appellee’s motion because he is incarcerated in the state of West Virginia. Having reached this conclusion based upon an interpretation of the terms of the resolution, it did not proceed to consider…