State ex rel. Heilman v. Indus. Comm.

Summary

The Ohio Supreme Court affirmed the appellate court’s limited writ of mandamus, holding that the Industrial Commission abused its discretion by relying solely on a non‑examining physician’s report that did not accept the objective findings of all examining physicians; the Commission may consider such reports only as guidance, and must vacate its denial and re‑determine the loss‑of‑use claim. The dissent argued the statutory scheme bars any scheduled‑loss compensation to a surviving spouse absent a prior award or severance.