Industrial Commission of Ohio

Workers' compensation—Whether a claimant has voluntarily retired or has abandoned the workforce is a question of fact for the Industrial Commission to determine—A court must uphold a factual determination by the commission so long as it is supported by some evidence in the record, regardless of whether evidence supporting a contrary conclusion also exists, even if the contrary evidence is greater in quality or quantity—Court of appeals' judgment affirmed.

Under State ex rel. McKee v. Union Metal Corp., 150 Ohio St.3d 223, 2017-Ohio-5541, ¶ 9-11, the commission's order denying permanent total disability compensation was supported by some evidence in the record showing that relator voluntarily abandoned the workforce and was therefore not eligible for benefits. As a result, relator was not entitled to relief in mandamus. Id. at ¶ 11. Objections sustained writ denied.

Because some evidence in the record supports the commission finding relator is medically capable of engaging in sustained remunerative employment of a sedentary nature and the relevant nonmedical disability factors do not preclude relator from currently engaging in such employment, the fact that the commission incorrectly relied on relator's non-allowed conditions as a basis for denying PTD in a separate portion of the order does not constitute grounds for the granting of a writ of mandamus. Writ denied.

Workers' compensation-Permanent total disability-There is no hourly standard for determining one's capability to perform sustained remunerative employment on part-time basis-Commission decides whether a claimant is capable of sustained remunerative employment on case-by-case basis-Commission did not abuse its discretion in relying on expert's report to find that claimant was capable of up to four hours of sedentary work a day-Court of appeals' judgment denying writ of mandamus affirmed.

Workers' compensation - Receipt of both wages and total disability compensation for the same period - Claimant informs Bureau of Workers' Compensation of erroneous payments - No action taken by Industrial Commission - Commission's later termination of claimant's permanent total disability award and declartion that all compensation after June 1, 1992, to be overpaid as the result of fraud an abuse of discretion - Commission's continuing jurisdiction was not exercised within a reasonable time and was therefore improper.

Workers' compensation—Permanent total disability compensation benefits awarded claimant—Termination of benefits—Writ of mandamus sought by claimant denied by court of appeals—Industrial Commission's determination that claimant committed fraud after discovery of his performance of sustained remunerative employment while receiving disability benefits affirmed.

Workers' compensation—Claimant who leaves former position of employment for a new position does not forfeit temporary total disability compensation eligibility.