Скачать или смотреть Why This Ohio Workers Comp Mandamus Will Fail, Attorney Explains

A pro se injured worker filed a mandamus action challenging an Industrial Commission Staff Hearing Officer (SHO) order that denied surgery and terminated temporary total disability (TTD).

Attorney insight:

The 10th District Court of Appeals reviews these cases on an Abuse of Discretion standard.

All the Industrial Commission needs to defend its order is reliance upon “some evidence”, such as a doctor’s report.

This worker’s claim is only allowed for soft tissue conditions ( including shoulder sprain). A sprain will not justify surgery, and TTD for soft tissue conditions may end within a year of the injury or less.

If the worker believes the condition is more serious, he must amend the claim to include the additional diagnoses before surgery or extended TTD becomes possible.

This short explains why the mandamus petition is unlikely to succeed and what workers in similar situations should understand about Ohio workers’ compensation law.

You can find the Appeal referenced in this video by going to Franklin County's Case Information Online, then enter this case number:
25-AP-523

Do you think Ohio makes it too hard for injured workers to fight these decisions? Share your thoughts in the comments!

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