State Ex Rel. MacKey v. Ohio Department of Education
130 Ohio St. 3d 108
| Ohio | 2011Background
- Mackey challenged the Industrial Commission of Ohio's denial of PTD compensation.
- Hearing in March 2009 discussed Mackey's 2005 retirement; order did not resolve whether retirement was voluntary or involuntary.
- Commission granted reconsideration, reopened the matter, and set a hearing on the merits.
- At the merits hearing, the Commission found the retirement was unrelated to the injury and voluntary, vacating the PTD award.
- Mackey filed a mandamus action; the court of appeals denied; this court reviews the Commission's use of continuing jurisdiction and retirement findings.
- The court affirms, applying Baker Material Handling and Lackey standards to sustain the Commission's actions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Commission had continuing jurisdiction to correct a legal error | Mackey argues the error required mandamus relief | The Commission may correct a clear mistake of law under R.C. 4123.52 | Yes; continuing jurisdiction allowed correction of the legal error |
| Whether Mackey's retirement was voluntary | Mackey contends retirement was due to injury | The Commission found retirement voluntary, based on evidence and lack of treatment links | Yes; retirement deemed voluntary |
| Whether reopening was an abuse of discretion | Mackey contends the issue should not have been reopened | Reopening permitted to address the correct legal issue | Not an abuse; reopening proper to consider retirement’s effect on PTD eligibility |
| Whether lack of medical evidence supports voluntary retirement finding | Insufficient medical proof of retirement motivation | Absence of medical evidence linked to retirement supports voluntariness | Court relied on lack of contrary medical evidence consistent with voluntary retirement |
Key Cases Cited
- Baker Material Handling Corp. v. Indus. Comm., 69 Ohio St.3d 202 (1994) (voluntary retirement forecloses PTD)
- State ex rel. Nicholls v. Indus. Comm., 81 Ohio St.3d 454 (1998) (continuing jurisdiction to correct clear mistake of law)
- State ex rel. Lackey v. Indus. Comm., 129 Ohio St.3d 119 (2011) (retirement voluntary based in part on lack of impairment evidence)