State ex rel. Hoschar v. Industrial Commission

By the Court.

The writ of mandamus will issue to compel the exercise of discretion, but not to control it. 25 Ohio Jurisprudence, 1003, Section 28; Sutphin v. State, ex rel. Jeby, 130 Ohio St., 183, 198 N. E., 483.

The petition pleads that the respondent made payments and then failed and refused to pay, but that pleading does not set forth in full or in substance the *447order of the commission discontinuing payments. If the order is based upon the ground that the injured employee has been fully compensated, the determination of the commission is final and mandamus will not lie in the absence of…