State ex rel. Hobbs v. Indus. Comm.

Summary

The Ohio Tenth District Court of Appeals denied Jasper Hobbs, Jr.'s request for a writ of mandamus seeking an increase in his permanent partial disability award for right carpal tunnel syndrome. The court adopted the magistrate's decision, concluding that the Industrial Commission did not abuse its discretion in finding insufficient substantial evidence of new and changed circumstances.

Holdings

1. Under R.C. 4123.57(A), an application for an increase in permanent partial disability must be supported by substantial evidence of new and changed circumstances developing since the original or last determination.
2. The Industrial Commission did not abuse its discretion in finding that Hobbs failed to present substantial evidence of new and changed circumstances supporting an increase in his permanent partial disability award.

Questions Presented

1. Whether the Industrial Commission abused its discretion by finding that Hobbs's 2021 application for an increase in permanent partial disability was not supported by substantial evidence of new and changed circumstances under R.C. 4123.57(A).
2. Whether the medical reports showing impairment percentages higher than the existing 8 percent award established the required new and changed circumstances.

Disposition

writ_denied