State ex rel. Marshall v. Keller

The question raised by this case is whether mandamus lies to review the order of the Industrial Commission denying compensation for alleged permanent disability caused by silicosis.

Section 4123.68 (W), Revised Code (now Section 4123.68 [X], Revised Code), which governs the disposition of workmen’s compensation claims for disability or death caused by silicosis, provides in part:

“Before awarding compensation for disability or death due to silicosis, the commission shall refer the claim to a qualified medical specialist for examination and recommendation with regard to the diagnosis, the extent…