State ex rel. Byk v. Indus. Comm.

Summary

The Ohio Supreme Court reversed the Tenth District Court of Appeals and denied the writ of mandamus sought by Pin Cha Byk, holding that she is not eligible for scheduled‑loss compensation as a surviving spouse because the decedent was not lawfully entitled to have applied for a second award of the same loss. The Court based its decision on the plain‑meaning of R.C. 4123.60, requiring a clear statutory authorization for a second application, which the legislature did not provide. The Court also affirmed that Byk failed to meet the clear‑and‑convincing‑evidence burden required for mandamus relief.