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State ex rel. Pritt v. Indus. Comm.

Ohio Ct. App.March 23, 2018No. 17AP-98Cited 6 times

Case Details

Judge(s)
Sadler
Status
Published
Procedural Posture
appeal

Related Laws

No specific laws identified for this ruling.

Claim Types

Wrongful Termination

Outcome

The Industrial Commission of Ohio's denial of permanent total disability benefits was upheld. The court found that while the staff hearing officer erred in referencing non-allowed medical conditions, this error was severable from the independent alternative rationale based on medical evidence and non-medical factors supporting the claimant's capability to perform sedentary work.

Excerpt

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.

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