Employer Can't Avoid PTD Award Because of Failure to Raise Workforce Abandonment

An Ohio appellate court ruled that an employer was not entitled to mandamus relief denying a worker’s application for permanent total disability benefits because the employer failed to cite job market abandonment during proceedings before the state Industrial Commission. Case: State ex rel. Navistar v. Industrial Commission, No. 16AP-776, 12/12/2017, published. Facts and procedural history: Gary E. Bisdorf worked for Navistar Inc., a self-insured employer. He injured his left knee while at work in 1971 and injured his right shoulder while at work in 2001. Bisdorf h...