State ex rel. Warner & Swasey Co. v. Industrial Commission
| Decision Date | 08 June 1977 |
| Docket Number | No. 76-1363,76-1363 |
| Court | Ohio Supreme Court |
| Parties | , 4 O.O.3d 346 The STATE ex rel. The WARNER & SWASEY CO., Appellant, v. INDUSTRIAL COMMISSION of Ohio et al., Appellees. |
On August 24, 1970, Frank Wright ('claimant') suffered a fractured left ankle in the course of his employment with relator. The claimant filed an application for compensation with the Bureau of Workmen's Compensation on October 15, 1970, and on March 19, 1973, claimant filed a C-92 Application for Determination of the Percentage of Permanent Partial Disability. Claimant's attending physician was of the opinion that there was no permanent partial disability as the result of the injury.
On August 16, 1973, claimant was examined by a physician of the Industrial Commission's medical section. He was of the opinion that the claimant exhibited a 12 percent permanent partial disability.
As a result of the conflict in medical opinions, the claimant was referred by the commission to an independent orthopedic specialist who concluded that the claimant exhibited a 16 percent permanent partial disability.
A hearing was held before an Attorney-Examiner on claimant's C-92 Application. The examiner issued the following order: 'Refer to Chairman Gregory Stebbins for review and order.'
The relator then filed an Application for Reconsideration. This application requested, in part, a hearing before all members of the Industrial Commission and that the relator be permitted to cross-examine the orthopedic specialist.
On September 16, 1974, the following order was issued: 'That the Application for Reconsideration and Motion of Employer filed July 24, 1974 be denied.'
On September 17, 1974, an order was issued in this same claim determining the claimant's percentage of permanent partial disability to be 16 percent.
An Application for Reconsideration of this award was filed by the relator on October 15, 1974, requesting a hearing before all three members of the Industrial Commission as well as the right to take the deposition of the orthopedic specialist.
On July 14, 1976, the relator filed a complaint in mandamus and a request for a preliminary injunction with the appellate court. The relator in its complaint prays that a writ of mandamus issue vacating the commission's orders of July 3, 1974, September 16 and September 17, 1974.
On September 9, 1976, the commission issued an order which states, in pertinent part, as follows:
'This action based upon the following motion made by Mr....
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State ex rel. McKinney v. McKay
...of issues which have become moot. State ex rel. Hawke v. Weygandt (1947), 148 Ohio St. 453, 456; State ex rel. Warner & Swasey Co. v. Indus. Comm. (1977), 50 Ohio St.2d 152. {¶38} We therefore hold that, since respondent has already entered a final appealable order, relator had an adequate ......
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...State, ex rel. Hawke v. Weygandt (1947), 148 Ohio St. 453, 456, 75 N.E.2d 691 . See, also, State, ex rel. Warner & Swasey Co., v. Indus. Comm. (1977), 50 Ohio St.2d 152, 363 N.E.2d 736 Since a ruling on the petition for post-conviction relief was issued during the pendency of appellant's or......
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State v. Dinovo, Case No. 14 CAD 08 0052
...State, ex rel. Hawke v. Weygandt (1947), 148 Ohio St. 453, 456, 75 N.E.2d 691 . See, also, State, ex rel. Warner & Swasey Co., v. Indus. Comm. (1977), 50 Ohio St.2d 152, 363 N.E.2d 736 ." State ex rel. Gantt v. Coleman, 6 Ohio St. 3d 5, 5, 450 N.E.2d 1163, 1164 (1983). {¶5}. Respondent no l......