State ex rel. Dillon v. Indus. Comm.

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.

Mandamus—Labor relations—Public employees—R.C. Ch. 4117—State Employment Relations Board abused its discretion in dismissing public employee's unfair-labor-practice charge against employer because employer did not have authority to determine that employee's notice to arbitrate was untimely under collective-bargaining agreement—Board abused its discretion when it dismissed public employee's unfair-labor-practice charge against union without providing basic rationale for dismissal—Board did not abuse its discretion when it dismissed public employee's additional unfair-labor-practice charge against union, because union acted in accordance with public employee's waiver of union representation—Court of appeals' judgment granting writ of mandamus affirmed in part and reversed in part.

Workers' compensation—Temporary-total-disability compensation—R.C. 4123.56—Employee who had already been terminated for violation of employment policies before his shoulder surgery was not "unable to work" as "direct result of an impairment arising from an injury or occupational disease" under plain language of R.C. 4123.56(F) and thus was not entitled to receive temporary-total-disability compensation—Court of appeals' judgment reversed and writ granted.