State ex rel. Thomas v. Industrial Commission

In mandamus, the relator must establish a clear legal right to relief. State, ex rel. Pressley, v. Indus. Comm. (1967), 11 Ohio St. 2d 141, 40 O.O. 2d 141, 228 N.E. 2d 631. *33A clear legal right exists where the commission abuses its discretion by entering an order which is not supported by “some evidence.” State, ex rel. Burley, v. Coil Packing, Inc. (1987), 31 Ohio St. 3d 18, 31 OBR 70, 508 N.E. 2d 936. We must presently determine whether the commission abused its discretion in denying temporary total disability compensation from September 7, 1984 through May 24, 1985. Upon review, we find…