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By Scott W. Gedeon
At times, the receipt of a refusal order from the Industrial Commission of Ohio (an order denying a third-level hearing) may result in a discussion with our office as to whether or not further appeal may be taken to an adverse decision.
If the issue pertains to extent of disability (essentially any issue other than whether or not the claimant has the right to participate in the workers’ compensation fund for a particular injury, occupational disease, or death), then your remedy lies in mandamus. Through a complaint in mandamus, an employer may seek an order from the Tenth District Court of Appeals in which the court finds that the Industrial Commission abused its discretion in awarding benefits such as permanent total disability or temporary total disability. An employer may also challenge the decision of the Industrial Commission to deny an employer’s request for relief (such as an application for handicap reimbursement) or a motion to terminate temporary total disability benefits.
In the typical mandamus case, the employer will file a complaint with the Tenth District Court of Appeals requesting that a particular order of the Industrial Commission be vacated. The other parties to the case (the injured worker and the Industrial Commission) will answer the complaint. The parties will then assemble and stipulate to an evidentiary record to be considered by the court during the course of briefing and argument. The evidentiary record is limited to those documents in the Industrial Commission’s file at the time an issue is heard by the Industrial Commission and may include medical records, witness statements, Industrial Commission orders, and other evidence offered by the parties on an issue.
The parties will then file briefs outlining their respective positions. Generally, if requested, the court will allow oral argument. Mandamus cases are initially heard and decided by the court’s magistrate. If an employer is unhappy with the decision of the magistrate, objections may be filed with further briefing and argument to be considered by a panel of three members of the court before a final order of the court is rendered. Further appeal to an adverse decision would be taken to the Supreme Court of Ohio.
A decision of the Industrial Commission will be vacated if the employer establishes that the Industrial Commission abused its discretion. The Industrial Commission will be found to have abused its discretion if its order was not supported by sufficient evidence in the record. If the court holds that the Industrial Commission abused its discretion, it will issue an order called a “writ of mandamus” which will vacate the Industrial Commission’s order and provide the employer with the relief sought.
It should be noted that mandamus should only be reserved for those circumstances that warrant its use, as the briefing and oral argument is extremely time intensive. In the right circumstances, however, mandamus is a powerful tool to undo an injustice delivered by the Industrial Commission.
If your company has questions regarding mandamus proceedings or workers’ compensation litigation in general, please do not hesitate to contact Scott Gedeon or any of the experienced workers’ compensation attorneys at RBS.