Indus. Comm

Death benefits; prospective dependency; partial dependency; dependency in fact; incapacitated from earning. On objections to the magistrate's decision recommending a limited writ of mandamus ordering respondent, the Industrial Commission, to partially vacate its order and issue a new order determining whether relator, the adult daughter of a deceased employee, was partly dependent-in-fact under R.C.4123.59(D)(2) using the proper legal standards. Objections overruled, and writ of mandamus granted in part and denied in part. Respondent had the discretion to determine that relator was not incapacitated from earning based on evidence of relator's actual sustained employment. Respondent must determine whether petitioner was partially dependent in fact based on the relevant facts of the case rather than the standard for establishing a legal presumption of whole dependency.

The Industrial Commission erred in its determination of Cogan's pre-injury visual baseline, and we grant a limited writ of mandamus remanding the matter to the commission to exercise the discretion afforded to it to determine the appropriate pre-injury visual baseline and use that updated pre-injury visual baseline to determine whether the medical evidence supports an award for loss of vision compensation under R.C. 4123.57(B).

Commission abused its discretion when it awarded TTD benefits to claimant without making a determination whether claimant abandoned the work force either by accepting the employer's oral, light duty job offer and failing to return to work as agreed or refusing the employer's oral offer of light duty work within claimant's physical capabilities. Objections sustained, writ of mandamus granted, and case remanded to the commission for further proceedings.

Relator's objections sustained and limited writ of mandamus granted in voluntary abandonment case for partial total disability workers compensation. Social Security Administration administrative law judge previously found Relator disabled as result of industrial injury and unfit for vocational rehabilitation. Magistrate's findings of fact adopted with additional findings of fact made by appeals court. Magistrate's findings of law not adopted, and Industrial Commission's decision vacated and matter remanded for new hearing consistent with the law as stated in appeals court's decision.

Workers' compensation—Application for temporary total disability compensation benefits—Industrial Commission's order denying benefits based on lack of medical evidence and voluntary retirement—Cause remanded for further consideration by court of appeals—Court of appeals' judgment reversed and commission's order reinstated—Claimant who vacates work force for non-injury reasons not related to the allowed condition and who later alleges an inability to return to former position of employment is not eligible for temporary total disability compensation benefits.