Legal Opinion · Dissent

State Ex Rel. Wyrick v. Industrial Commission

Ohio Supreme Court

Decided February 19, 2014No. 2012-1670Published

1DissentO’Donnell, J.

{¶ 17} Respectfully, I dissent.

{¶ 18} The issue in this case is whether the Industrial Commission abused its discretion in determining that Charles Wyrick is not entitled to a loss of use award for his left upper extremity and whether there is some evidence in the record to support the commission’s decision. Because the commission did not abuse its discretion and its decision is supported by evidence in the record, the judgment of the court of appeals denying relief should be affirmed.

{¶ 19} Mandamus will not lie to control the discretion vested in the commission “as long as its discretion is…

2Cases cited7 opinions

  1. State ex rel. Burley v. Coil Packing, Inc.Ohio Supreme Court · 1987
  2. State ex rel. Pass v. C.S.T. Extraction Co.Ohio Supreme Court · 1996
  3. State ex rel. Mobley v. Industrial CommissionOhio Supreme Court · 1997
  4. State ex rel. Alcoa Building Products v. Industrial CommissionOhio Supreme Court · 2004
  5. State ex rel. Avalon Precision Casting Co. v. Industrial CommissionOhio Supreme Court · 2006

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