Brown v. Industrial Commission of Ohio

623 N.E.2d 55, 68 Ohio St.3d 45 (1993)

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Brown v. Industrial Commission of Ohio

Ohio Supreme Court
623 N.E.2d 55, 68 Ohio St.3d 45 (1993)

Facts

On September 7, 1982, David Brown (plaintiff) was awarded permanent total-disability compensation benefits for an injury he sustained while at work. Thereafter, Brown was incarcerated, and the Industrial Commission of Ohio (the commission) (defendant) suspended Brown’s compensation benefits. Brown requested a writ of mandamus. The commission argued that two prior cases, which involved retirement and incarceration, respectively, and Revised Code (R.C.) 4123.54(B), which was enacted after the date of Brown’s injury, allowed for the suspension of benefits if a claimant became incarcerated.

Rule of Law

Issue

Holding and Reasoning (Douglas, J.)

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