Opinion

State ex rel. White Consolidated Industries v. Industrial Commission

  • 48 Ohio St. 3d 17
  • 548 N.E.2d 926
  • 1990 Ohio LEXIS 13
Court
Ohio Supreme Court
Filed
Jan 10, 1990
Status
Published
On the bench
Brown, Douglas, Holmes, Moyer, Resnick, Sweeney, Wright
Cited by
5 cases
Authority
More cited than 70.2%

The opinion

Per Curiam.

We begin by noting that the appellate court’s opinion was issued prior to our decision in State, ex rel. Rockwell Internatl., v. Indus. Comm. (1988), 40 Ohio St. 3d 44 , 531 N.E. 2d 678 . There, we specifically rejected the characterization of “voluntary retirement” presented below, holding instead that:

“When a claimant’s retirement is causally related to an industrial injury, the retirement is not ‘voluntary’ so as to preclude eligibility for temporary total disability compensation.” Id. at paragraph one of the syllabus.

The voluntary nature of retirement is a factual question within the commission’s final jurisdiction. State, ex rel. Haines, v. Indus. Comm. (1972), 29 Ohio St. 2d 15 , 58 O.O. 2d 70, 278 N.E. 2d 24 . So long as the commission’s decision is supported by “some evidence,” there has been no abuse of discretion and mandamus will not lie. State, ex rel. Burley, v. Coil Packing, Inc. (1987), 31 Ohio St. 3d 18 , 31 OBR 70, 508 N.E. 2d 936 . Upon review, we find that Dr. Boumphrey’s February 22, 1985 report and the claimant’s affidavit are “some evidence” supporting the commission’s determination that claimant’s retirement was not voluntary.

Accordingly, the judgment of the court of appeals is reversed.

Judgment reversed.

Moyer, C.J., Sweeney, Douglas, Wright, H. Brown and Resnick, JJ., concur.

Holmes, J., dissents.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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