Opinion
No. 86-1776
Decided April 6, 1988.
Workers' compensation — Application for permanent and total disability compensation — Remand to commission for its consideration of all relevant factors.
APPEAL from the Court of Appeals for Franklin County.
Appellant, Betty L. Adkins, was injured on January 19, 1971, during the course of and arising out of her employment with Spears Nursing Home, when, while helping to lift an invalid patient, she twisted her back. Appellant's claim for workers' compensation was allowed for "lumbo-sacral sprain" and benefits were paid.
Thereafter, appellant filed several applications for a determination of the percentage of permanent partial disability, which applications were granted.
Appellant further filed applications for an award of permanent and total disability compensation, which were denied by the Industrial Commission in an order issued on September 30, 1985.
The commission's order stated that:
"That the Commission find[s] from proof of record that the claimant is not permanently and totally disabled, that therefore the Motion [ sic] filed 6-23-77, 10-19-81 and 4-17-84 be denied."
Appellant then filed an action for a writ of mandamus in the court of appeals, contending the commission abused its discretion by relying on medical evidence which did not support a determination that she was not permanently and totally disabled. The court of appeals denied appellant's requested writ of mandamus because she had failed to demonstrate a clear legal right thereto, inasmuch as there was some evidence to support the commission's order that she was not permanently and totally disabled.
The cause is now before this court upon an appeal as of right.
Michael J. Muldoon, for appellant.
Anthony J. Celebrezze, Jr., attorney general, Helen M. Ninos and Merl H. Wayman, for appellee.
For the reasons stated in State, ex rel. Swan, v. Midland Indus. Elec. Co. (1988), 36 Ohio St.3d 53, 521 N.E.2d 787, decided this day, we reverse the judgment of the court of appeals and remand this cause to the commission for consideration of appellant's age, education, work record and other factors, such as physical, psychological, and sociological. The commission shall issue an amended order identifying which of the above factors were considered and its findings after such consideration.
Judgment reversed and cause remanded.
MOYER, C.J., SWEENEY, LOCHER, HOLMES, DOUGLAS, WRIGHT and H. BROWN, JJ., concur.