State ex rel. Navistar, Inc. v. Industrial Commission
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The Supreme Court affirmed the judgment of the court of appeals denying the request of Gary Bisdorf's former employer, Navistar, Inc., for a writ of mandamus ordering the Industrial Commission of Ohio to vacate its award of permanent total disability (PTD) compensation to Bisdorf, holding that Navistar was not entitled to an extraordinary remedy in mandamus.
In its complaint for a writ of mandamus Navistar asserted that the Commission had abused its discretion in several ways. The magistrate recommended that the court of appeals deny the writ. The court adopted the magistrate's recommendation. Navistar appealed and moved for oral argument. After briefing in the Supreme Court was complete, Bisdorf died. Navistar filed a motion to continue the case. The Supreme Court granted Navistar's motion to continue the case, affirmed the judgment of the court of appeals, and denied Navistar's motion for oral argument, holding that Navistar did not make a showing by clear and convincing evidence that the Commission abused its discretion by entering an order not supported by evidence in the record.
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