State ex rel. Delk v. Industrial Commission

In order to sue*189cessfully challenge the Industrial Commission’s determinations as to the extent of a claimant’s disability in an action in mandamus, the moving party must demonstrate that the commission’s decision was rendered without some evidence in support thereof. State, ex rel. Burley, v. Coil Packing, Inc. (1987), 31 Ohio St. 3d 18, 31 OBR 70, 508 N.E. 2d 936; State, ex rel. Elliott, v. Indus. Comm. (1986), 26 Ohio St. 3d 76, 26 OBR 66, 497 N.E. 2d 70. The appellate court below determined that appellee had sustained this burden by demonstrating that the commission had no evidence before…