Court of Appeals Remands Commission’s Order for Clarification

In State ex rel. Cline v. Abke Trucking, Inc., 2013Ohio–5159, the 10th District Court of Appeals remanded the Commission’s order denying temporary total disability compensation because the order failed to set forth its reasoning.  The Commission’s staff hearing officer found the claimant violated a written work rule, precluding TTD compensation, but failed to explain the evidence supporting this determination. Commission orders must set forth the evidence relied upon, as well as the reasoning of the hearing officer.  Because the Commission’s order failed to meet the above standard, the court sent the matter back to the Commission to clarify its reasoning.  Read the full decision here.



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