State ex rel. Kroger Co. v. Industrial Commission

Appellant asserts that the commission abused its discretion in finding that the appellant did not provide a screen or shield that claimants could have used in the compressor room while welding. The evidence on this question of fact is in conflict. Since there is some evidence supporting the commission’s finding, however, mandamus cannot lie. See State, ex rel. Wallace, v. Indus. Comm. (1979), 57 Ohio St. 2d 55, 58.

Appellant also contends that Ohio’s specific safety requirements, such as that in the case at bar, have been preempted by the federal Occupational Safety and Health Act of 1970…