State ex rel. Hughes v. Industrial Commission

The instant cause presents two questions: (1) Did the appellate court act improperly in issuing a writ of mandamus which compelled the commission to adopt either of two options and (2) did the commission abuse its discretion in denying appellant’s motion for permanent and total disability? We answer both queries in the affirmative.

I

In order for a writ of mandamus to issue, the party seeking the writ must prove that the official against whom the writ is directed is under a “clear legal duty” to perform the desired act and, thus, that the relator has a “clear legal right” to the relief sought…