State ex rel. Thompson v. Fenix & Scisson, Inc.

Appellant urges that the commission’s order denying him permanent total disability benefits constitutes an abuse of discretion as it is unsupported by the evidence. We agree.

This court has repeatedly held that where there is no evidence upon which the commission could have based its factual conclusion, an abuse of discretion exists and mandamus becomes appropriate. See, e.g., State, ex rel. Wallace, v. Indus. Comm. (1979), 57 Ohio St. 2d 55, 58-59. Because the evidence before the commission in the instant cause, upon which the commission relied to reach its erroneous decision, consisted…