572 N.E.2d 672
No. 90-1216Supreme Court of Ohio.Submitted March 19, 1991 —
Decided July 3, 1991.
APPEAL from the Court of Appeals for Franklin County, No. 89AP-402.
Claimant, Margaret Downey, was injured in the course of and arising out of her employment with First National Supermarkets, Inc., appellee, and her workers’ compensation claim was allowed.
On January 26, 1988, Commissioners Smith, Huguelet, Trout and McAllister of the Industrial Commission of Ohio, appellant, heard the application of claimant for permanent total disability compensation. According to appellant,
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the commission took the application under advisement. Subsequently, the commission by a three-to-two vote found claimant permanently and totally disabled. Commissioner McCarthy, who did not attend claimant’s permanent total disability hearing, voted to grant permanent total disability compensation.
The appellee thereupon filed a complaint in mandamus in the Court of Appeals for Franklin County, essentially alleging that the commission abused its discretion in finding claimant permanently and totally disabled. The court of appeals found that McCarthy’s voting participation without hearing attendance violated due process. It issued a limited writ returning the cause to the commission to redetermine claimant’s entitlement to permanent total disability based on all the evidence before it.
This cause is now before this court on an appeal as of right.
Seeley, Savidge Aussem and Thomas M. Carolin, for appellee.
Lee I. Fisher, Attorney General, Michael L. Squillace an Cheryl J. Nester, for appellant.
Per Curiam.
On authority of our decision in State, ex rel. Ormet Corp., v. Indus. Comm. (1990), 54 Ohio St.3d 102, 561 N.E.2d 920, the judgment of the court of appeals is affirmed.
Judgment affirmed.
MOYER, C.J., SWEENEY, HOLMES, DOUGLAS, WRIGHT, H. BROWN and RESNICK, JJ., concur.