State ex rel. Allen v. Cleveland Board of Education
State ex rel. Allen v. Cleveland Board of Education
Dissenting Opinion
dissenting. I respectfully dissent. I would affirm the judgment of the court of appeals.
Opinion of the Court
Claimant successfully petitioned the court of appeals for a writ of mandamus to compel the continued award of permanent total disability compensation. Two propositions have been advanced by claimant to affirm the court of appeals’ decision. Claimant first asserts that the commission’s interlocutory award of permanent total disability compensation conclusively established her right to this compensation. Claimant next asserts entitlement to permanent total disability compensation under State ex rel. Gay v. Mihm (1994), 68 Ohio St.3d 315, 626 N.E.2d 666. We disagree with both propositions and reverse the judgment of the court of appeals.
The first issue was resolved in the commission’s favor in State ex rel. Draganic v. Indus. Comm. (1996), 75 Ohio St.3d 461, 663 N.E.2d 929. There, we held that the commission did not abuse its discretion in refusing to extend permanent total disability compensation beyond the closed period of time specified in an interlocutory order. The issue is similarly resolved against claimant in this case.
Claimant’s secondary assertion of an entitlement to compensation pursuant to Gay is also unpersuasive. While the commission’s order is brief, it is apparent
Accordingly, the judgment of the court of appeals is reversed.
Judgment reversed.
Reference
- Full Case Name
- The State ex rel. Allen v. Cleveland Board of Education Industrial Commission of Ohio
- Cited By
- 3 cases
- Status
- Published