State ex rel. Giel v. Indus. Comm

In State ex rel. Giel v. Indus. Comm. (1993), 88 Ohio App.3d 96, 623 N.E.2d 150, the commission ordered additional medical examinations, but had not issued a final order as to PTD. The Court issued a writ of mandamus, finding that the order wholly failed to explain the reasons why additional medical examinations were necessary or even helpful before the commission could determine whether the claimant was entitled to PTD compensation. The unique circumstances in Giel were the commission's total silence as to its reasoning, as well as the highly irregular course of proceedings, which made it probable that the claimant would perceive devious or dishonorable motives as the reason for the delays and re-examination. Giel, at 99. The Court noted in Giel that, under the circumstances, it was easy to understand why the claimant would infer that the commission is so reticent to grant permanent total disability compensation that it will go to great lengths to delay or avoid such an award. Id.