State ex rel. Mackey v. Ohio Department of Education; Industrial Commission of Ohio

Summary

The Supreme Court of Ohio affirmed the denial of Cerena N. Mackey’s application for permanent total disability compensation. The court held that the Industrial Commission properly invoked continuing jurisdiction under R.C. 4123.52 to correct a clear mistake of law concerning whether Mackey’s retirement was voluntary, and properly found that her retirement was voluntary and unrelated to her industrial injury.

Holdings

1. The Industrial Commission properly invoked continuing jurisdiction under R.C. 4123.52 because the staff hearing officer's failure to determine whether Mackey's retirement was voluntary or involuntary was a clear mistake of law material to PTD eligibility.
2. A claimant who voluntarily retires from the workforce before becoming permanently and totally disabled cannot receive PTD compensation.
3. The Industrial Commission did not abuse its discretion in finding that Mackey's retirement was voluntary.

Questions Presented

1. Whether the Industrial Commission could invoke continuing jurisdiction under R.C. 4123.52 to reconsider Mackey's PTD eligibility because the initial staff hearing officer's order failed to determine whether her retirement was voluntary or involuntary.
2. Whether the Industrial Commission abused its discretion by finding that Mackey's retirement was voluntary and therefore barred an award of PTD compensation.

Disposition

affirmed