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Court Of Appeals Finds Commission Abused its Discretion by Exercising Continuing Jurisdiction

In State ex rel. Bennett v. Industrial Commission, 10th Dist. No. 14AP-632, 2016-Ohio-83, January 12, 2016 the Tenth District Court of Appeals granted a writ of mandamus finding the Commission abused its discretion by exercising continuing jurisdiction to review a permanent total disability (PTD) order. An SHO granted PTD, relying on the reports of 3 doctors and applying a vocational analysis. One of the doctors (Dr. Novak), however, found the claimant incapable of working an 8 hour day/40 hour week job, which is not the correct legal standard. The Commission reconsidered the SHO’S order under its continuing jurisdiction, finding the SHO made a clear mistake of law by relying on Dr. Novak’s report. The Commission ultimately denied the PTD application. On mandamus, the court of appeals found the commission improperly exercised continuing jurisdiction under R.C. 4123.52. Although Dr. Novak’s report was based on an incorrect legal standard, there was no record evidence indicating the SHO applied an incorrect legal standard in granting PTD benefits.

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