State ex rel. Oberdier v. Indus. Comm.

Citations

• 2025 Ohio 5234

Syllabus

The commission applied an incorrect legal standard when it concluded that the relator failed to present \sufficient evidence of meaningful or substantial new and changed circumstances which would warrant readdressing [relator's] request for permanent and total disability compensation at this time.\ The plain text of R.C. 4123.58(G) only requires that a claimant \present evidence of new and changed circumstances before the industrial commission may consider a subsequent application\ for permanent total disability compensation. By applying a different or heightened standard from that required by R.C. 4123.58(G), the commission's staff hearing officer committed legal error. The matter must be remanded to the commission for it to make findings regarding R.C. 4123.58(G) under the proper legal standard. The court adopts the findings of fact in the magistrate's decision. The court also adopts the conclusions of law in the magistrate's decision as relevant to the first and second objections which are overruled. The court determines to be moot the third and fourth objections. The court grants a limited writ of mandamus returning this matter to the commission for further proceedings in accordance with the law and this decision.