State ex rel. McKee v. Union Metal Corp. (Slip Opinion), 150 Ohio St. 3d 223

In 1993 Stephen McKee, an auto welder for Union Metal Corp., sustained allowed work injuries (cervical sprain/strain, focal spinal stenosis, and neurotic depression).
McKee sought temporary-total disability benefits twice; both denials rested on a commission finding that he voluntarily abandoned his employment in late 1995.
In 2000 McKee applied for permanent-total-disability (PTD) benefits; a staff hearing officer denied PTD based on two medical reports and a vocational assessment showing capacity for entry-level work; McKee did not appeal that order.
In 2014 McKee filed a second PTD application; the commission noted no evidence he worked, sought work, or pursued retraining after 1998 and that he was receiving Social Security disability benefits.
The staff hearing officer concluded McKee voluntarily abandoned the workforce for reasons unrelated to his allowed conditions and denied PTD; the Tenth District denied mandamus relief, and the Supreme Court of Ohio affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the Industrial Commission abused its discretion by denying permanent-total-disability benefits on the ground McKee voluntarily abandoned the workforce	McKee: his retirement was not voluntary but was induced by his allowed injuries and by physician/psychologist advice; thus he remains eligible for PTD	Commission/State: prior 2000 finding and medical/vocational evidence, lack of evidence of work or job search after 1998, and receipt of Social Security disability show voluntary abandonment unrelated to allowed conditions	Held: Affirmed — some evidence supports the commission’s finding of voluntary abandonment, so no abuse of discretion; mandamus denied

State ex rel. Black v. Indus. Comm., 137 Ohio St.3d 75 (2013) (commission may deny PTD if claimant voluntarily retired for reasons unrelated to allowed conditions)
State ex rel. Pierron v. Indus. Comm., 120 Ohio St.3d 40 (2008) (claimant's post-employment inaction can support finding of voluntary workforce abandonment)
State ex rel. Kroger Co. v. Paysen, 109 Ohio St.3d 515 (2006) (claimant not disqualified for refusing work inconsistent with physician advice)
State ex rel. Roxbury v. Indus. Comm., 138 Ohio St.3d 91 (2014) (inaction after leaving work can indicate voluntary retirement)
State ex rel. Nissan Brake Ohio, Inc. v. Indus. Comm., 127 Ohio St.3d 385 (2010) (definition and burden for permanent total disability)