State ex rel. Mignella v. Industrial Commission
Annotate this Case
The Supreme Court affirmed the judgment of the court of appeals denying Appellant’s complaint seeking a writ of procedendo ordering the Industrial Commission to proceed with its adjudication of her application for permanent-total-disability benefits after a staff hearing officer (SHO) suspended her application, holding that Appellant failed to show she was entitled to the writ.
The SHO here determined that the application could not be adjudicated until Appellant submitted to a second medical examination by a commission specialist. Appellant, however, argued that she could not be required to submit to a second examination because she had already been examined once by a commission specialist. Appellant then sought her writ of procedendo, and the court of appeals denied the writ. The Supreme Court affirmed, holding that the court of appeals properly denied the writ because Appellant did not show a clear legal duty or a clear legal right.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.