State ex rel. Mignella v. Industrial Commission

The Supreme Court affirmed the judgment of the court of appeals denying Appellant’s complaint seeking a writ of procedendo ordering the Industrial Commission to proceed with its adjudication of her application for permanent-total-disability benefits after a staff hearing officer (SHO) suspended her application, holding that Appellant failed to show she was entitled to the writ.The SHO here determined that the application could not be adjudicated until Appellant submitted to a second medical examination by a commission specialist. Appellant, however, argued that she could not be required to submit to a second examination because she had already been examined once by a commission specialist. Appellant then sought her writ of procedendo, and the court of appeals denied the writ. The Supreme Court affirmed, holding that the court of appeals properly denied the writ because Appellant did not show a clear legal duty or a clear legal right. View "State ex rel. Mignella v. Industrial Commission" on Justia Law