State ex rel. Giant Eagle, Inc. v. Indus. Comm.
Case Details
- Judge(s)
- Nelson
- Status — whether other courts must follow this ruling
- Published
- Procedural Posture — the stage the case had reached
- appeal
Related Laws
No specific laws identified for this ruling.
Outcome
The Court of Appeals denied Giant Eagle's mandamus petition seeking to overturn the Industrial Commission's award of permanent total disability benefits to Richard Gewak, finding the award was supported by some evidence in the administrative record.
Excerpt
The commission's determination that the employee is "precluded from engaging in all sustained remunerative employment, and thus permanently and totally disabled, is supported by some evidence in the record. And despite the commission's "concession," there was no requirement for it to address explicitly passages from one expert's opinion that were contrary in part to the expert opinion with which the commission "concur[red]." Having denied reconsideration of its grant of permanent total disability compensation, and not having identified a true legal error in its proceedings, the commission is not authorized on this record to revisit its decision. The magistrate's decision is not adopted, and the requested writ of mandamus is denied.
What This Ruling Means
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