State ex rel. Domjancic v. Indus. Comm

In State ex rel. Domjancic v. Indus. Comm. (1994), 69 Ohio St.3d 693, 1994 Ohio 95, 635 N.E.2d 372, the court refused to grant a full writ of mandamus pursuant to State ex rel. Gay v. Mihm (1994), 68 Ohio St.3d 315, 1994 Ohio 296, 626 N.E.2d 666, following the court's determination that the commission's order denying PTD compensation failed to comply with State ex rel. Noll v. Indus. Comm. (1991), 57 Ohio St.3d 203, 567 N.E.2d 245. The Domjancic court instead granted a limited writ, explaining: Generally, in cases where Gay relief has been recommended, the commission's order has coupled vocationally unfavorable evidence with medical evidence that assessed a relatively high degree of physical impairment. This case does not fit that profile. Id. at 697. In Domjancic, the commission had relied upon the medical report of commission specialist Dr. Joseph I. Gonzalez who assessed a "16% permanent partial impairment of the whole person for the allowed conditions recognized in this claim." Id. at 693. Presumably, the Domjancic court viewed a 16 percent permanent partial impairment as not being a "relatively high degree of physical impairment." Id. at 697.