State ex rel. Consolidation Coal Co. v. Industrial Commission

Consolidation seeks a writ of mandamus, alleging that the commission abused its discretion in awarding permanent total disability by improperly relying upon Dr. Fierra’s report and by misinterpreting the restrictions contained therein.

In order to successfully challenge an order of the Industrial Commission by mandamus, the relator must demonstrate an abuse of discretion. State ex rel. Burley v. Coil Packing, Inc. (1987), 31 Ohio St.3d 18, 20, 31 OBR 70, 72, 508 N.E.2d 936, 938. If an order is supported by “some evidence,” then there is no abuse of discretion. Id.

In this opinion, we reaffirm…